BILL ANALYSIS C.S.H.B. 573 By: Walle Environmental Regulation Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that due to limited resources the Texas Commission on Environmental Quality (TCEQ) focuses compliance and enforcement efforts on permits that pose the most immediate threat to public health in case of an emergency, which includes permit holders that emit the largest amount of the most volatile substances, such as chemical plants. Further, despite having the authority to inspect all permit holders, the TCEQ has said that it does not have the staff capacity or resources to prioritize inspection and monitoring of lower-level emitters, such as concrete batch plants. C.S.H.B. 573 seeks to help the TCEQ work with its limited resources and prioritize inspections by authorizing a member of the legislature to request that the TCEQ conduct an unannounced inspection of certain concrete plants on behalf of certain persons. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 573 amends the Health and Safety Code to authorize a member of the legislature to request that the Texas Commission on Environmental Quality (TCEQ) conduct an unannounced inspection of a permanent concrete plant that performs wet batching, dry batching, or central mixing operating under an authorization to use a standard permit issued under Texas Clean Air Act provisions providing for a standard permit in general or provisions of the act providing for a standard permit for concrete batch plants with enhanced controls on behalf of a person who: permanently resides in the member's district; qualifies as a person who may be affected by actually residing in a permanent residence within 440 yards of the plant; and submits a written complaint to the member. The bill requires the TCEQ to prioritize responding to such a request filed by a member of the legislature. C.S.H.B. 573 requires the TCEQ to maintain a file on a legislator's request in the manner provided for written complaints filed with the TCEQ and makes the grounds on which the TCEQ is not required to investigate a complaint applicable to such a request. The bill requires the TCEQ to provide the following information to the member of the legislature and the person who submitted the complaint to the member: the TCEQ's policies and procedures relating to complaint investigation and resolution; and the periodic notice of the status of the complaint investigation that is required by law for complaints to the TCEQ generally. C.S.H.B. 573 requires the TCEQ, if it denies a request for an unannounced inspection, to provide an explanation of the reason the request was denied to the member of the legislature and the person who submitted the complaint not later than the 90th day after the request was filed. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 573 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. With respect to the concrete plants that perform wet batching, dry batching, or central mixing to which the bill applies, the introduced specified that such a plant is a plant operating under a permit issued under the Texas Clean Air Act, whereas the substitute specifies that such a plant is a permanent plant operating under an authorization to use a standard permit issued under provisions of that act providing for a standard permit in general or provisions of that act providing for a standard permit for concrete batch plants with enhanced controls.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 573
By: Walle
Environmental Regulation
Committee Report (Substituted)
C.S.H.B. 573
By: Walle
Environmental Regulation
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that due to limited resources the Texas Commission on Environmental Quality (TCEQ) focuses compliance and enforcement efforts on permits that pose the most immediate threat to public health in case of an emergency, which includes permit holders that emit the largest amount of the most volatile substances, such as chemical plants. Further, despite having the authority to inspect all permit holders, the TCEQ has said that it does not have the staff capacity or resources to prioritize inspection and monitoring of lower-level emitters, such as concrete batch plants. C.S.H.B. 573 seeks to help the TCEQ work with its limited resources and prioritize inspections by authorizing a member of the legislature to request that the TCEQ conduct an unannounced inspection of certain concrete plants on behalf of certain persons.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 573 amends the Health and Safety Code to authorize a member of the legislature to request that the Texas Commission on Environmental Quality (TCEQ) conduct an unannounced inspection of a permanent concrete plant that performs wet batching, dry batching, or central mixing operating under an authorization to use a standard permit issued under Texas Clean Air Act provisions providing for a standard permit in general or provisions of the act providing for a standard permit for concrete batch plants with enhanced controls on behalf of a person who: permanently resides in the member's district; qualifies as a person who may be affected by actually residing in a permanent residence within 440 yards of the plant; and submits a written complaint to the member. The bill requires the TCEQ to prioritize responding to such a request filed by a member of the legislature. C.S.H.B. 573 requires the TCEQ to maintain a file on a legislator's request in the manner provided for written complaints filed with the TCEQ and makes the grounds on which the TCEQ is not required to investigate a complaint applicable to such a request. The bill requires the TCEQ to provide the following information to the member of the legislature and the person who submitted the complaint to the member: the TCEQ's policies and procedures relating to complaint investigation and resolution; and the periodic notice of the status of the complaint investigation that is required by law for complaints to the TCEQ generally. C.S.H.B. 573 requires the TCEQ, if it denies a request for an unannounced inspection, to provide an explanation of the reason the request was denied to the member of the legislature and the person who submitted the complaint not later than the 90th day after the request was filed.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 573 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. With respect to the concrete plants that perform wet batching, dry batching, or central mixing to which the bill applies, the introduced specified that such a plant is a plant operating under a permit issued under the Texas Clean Air Act, whereas the substitute specifies that such a plant is a permanent plant operating under an authorization to use a standard permit issued under provisions of that act providing for a standard permit in general or provisions of that act providing for a standard permit for concrete batch plants with enhanced controls.
BACKGROUND AND PURPOSE
The bill author has informed the committee that due to limited resources the Texas Commission on Environmental Quality (TCEQ) focuses compliance and enforcement efforts on permits that pose the most immediate threat to public health in case of an emergency, which includes permit holders that emit the largest amount of the most volatile substances, such as chemical plants. Further, despite having the authority to inspect all permit holders, the TCEQ has said that it does not have the staff capacity or resources to prioritize inspection and monitoring of lower-level emitters, such as concrete batch plants. C.S.H.B. 573 seeks to help the TCEQ work with its limited resources and prioritize inspections by authorizing a member of the legislature to request that the TCEQ conduct an unannounced inspection of certain concrete plants on behalf of certain persons.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 573 amends the Health and Safety Code to authorize a member of the legislature to request that the Texas Commission on Environmental Quality (TCEQ) conduct an unannounced inspection of a permanent concrete plant that performs wet batching, dry batching, or central mixing operating under an authorization to use a standard permit issued under Texas Clean Air Act provisions providing for a standard permit in general or provisions of the act providing for a standard permit for concrete batch plants with enhanced controls on behalf of a person who:
permanently resides in the member's district;
qualifies as a person who may be affected by actually residing in a permanent residence within 440 yards of the plant; and
submits a written complaint to the member.
The bill requires the TCEQ to prioritize responding to such a request filed by a member of the legislature.
C.S.H.B. 573 requires the TCEQ to maintain a file on a legislator's request in the manner provided for written complaints filed with the TCEQ and makes the grounds on which the TCEQ is not required to investigate a complaint applicable to such a request. The bill requires the TCEQ to provide the following information to the member of the legislature and the person who submitted the complaint to the member:
the TCEQ's policies and procedures relating to complaint investigation and resolution; and
the periodic notice of the status of the complaint investigation that is required by law for complaints to the TCEQ generally.
C.S.H.B. 573 requires the TCEQ, if it denies a request for an unannounced inspection, to provide an explanation of the reason the request was denied to the member of the legislature and the person who submitted the complaint not later than the 90th day after the request was filed.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 573 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
With respect to the concrete plants that perform wet batching, dry batching, or central mixing to which the bill applies, the introduced specified that such a plant is a plant operating under a permit issued under the Texas Clean Air Act, whereas the substitute specifies that such a plant is a permanent plant operating under an authorization to use a standard permit issued under provisions of that act providing for a standard permit in general or provisions of that act providing for a standard permit for concrete batch plants with enhanced controls.