| 1 | 1 | | 89R1194 JXC-F |
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| 2 | 2 | | By: Thompson H.B. No. 852 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to air quality permits for concrete batch plants located |
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| 10 | 10 | | in certain areas. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 382.051991 to read as follows: |
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| 14 | 14 | | Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN |
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| 15 | 15 | | CONCRETE BATCH PLANTS. (a) This section applies only to an |
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| 16 | 16 | | application for a permit or an authorization to use a permit for a |
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| 17 | 17 | | facility that is: |
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| 18 | 18 | | (1) a concrete plant that performs wet batching, dry |
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| 19 | 19 | | batching, or central mixing; and |
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| 20 | 20 | | (2) located or proposed to be located in: |
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| 21 | 21 | | (A) an incorporated area of a municipality that |
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| 22 | 22 | | has not adopted zoning regulations and has a population of more than |
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| 23 | 23 | | two million; or |
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| 24 | 24 | | (B) an unincorporated area of a county with a |
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| 25 | 25 | | population of more than 4.5 million. |
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| 26 | 26 | | (b) For each application described by Subsection (a), the |
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| 27 | 27 | | commission: |
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| 28 | 28 | | (1) shall send to the governing body of the |
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| 29 | 29 | | municipality or county, as applicable, a copy of the application; |
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| 30 | 30 | | and |
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| 31 | 31 | | (2) may not issue the permit or authorize the use of |
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| 32 | 32 | | the permit before the 31st day after the date the governing body |
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| 33 | 33 | | receives the copy unless the commission receives notice that the |
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| 34 | 34 | | governing body has approved the application. |
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| 35 | 35 | | (c) The commission may not issue a permit under Section |
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| 36 | 36 | | 382.0518, 382.05195, 382.05196, 382.05198, or 382.051985 or |
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| 37 | 37 | | another provision of this chapter for a facility described by |
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| 38 | 38 | | Subsection (a) if the commission receives, before the 31st day |
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| 39 | 39 | | after the date the governing body receives the copy of the |
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| 40 | 40 | | application from the commission, notice that the governing body has |
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| 41 | 41 | | rejected the application. |
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| 42 | 42 | | SECTION 2. Section 382.051991, Health and Safety Code, as |
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| 43 | 43 | | added by this Act, applies only to a permit or authorization the |
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| 44 | 44 | | application for which is filed with the Texas Commission on |
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| 45 | 45 | | Environmental Quality on or after the effective date of this Act. A |
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| 46 | 46 | | permit or authorization the application for which is filed before |
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| 47 | 47 | | the effective date of this Act is governed by the law in effect on |
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| 48 | 48 | | the date of filing, and that law is continued in effect for that |
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| 49 | 49 | | purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2025. |
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