89R1194 JXC-F
By: Thompson H.B. No. 852
A BILL TO BE ENTITLED
AN ACT
relating to air quality permits for concrete batch plants located
in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051991 to read as follows:
Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN
CONCRETE BATCH PLANTS. (a) This section applies only to an
application for a permit or an authorization to use a permit for a
facility that is:
(1) a concrete plant that performs wet batching, dry
batching, or central mixing; and
(2) located or proposed to be located in:
(A) an incorporated area of a municipality that
has not adopted zoning regulations and has a population of more than
two million; or
(B) an unincorporated area of a county with a
population of more than 4.5 million.
(b) For each application described by Subsection (a), the
commission:
(1) shall send to the governing body of the
municipality or county, as applicable, a copy of the application;
and
(2) may not issue the permit or authorize the use of
the permit before the 31st day after the date the governing body
receives the copy unless the commission receives notice that the
governing body has approved the application.
(c) The commission may not issue a permit under Section
382.0518, 382.05195, 382.05196, 382.05198, or 382.051985 or
another provision of this chapter for a facility described by
Subsection (a) if the commission receives, before the 31st day
after the date the governing body receives the copy of the
application from the commission, notice that the governing body has
rejected the application.
SECTION 2. Section 382.051991, Health and Safety Code, as
added by this Act, applies only to a permit or authorization the
application for which is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act. A
permit or authorization the application for which is filed before
the effective date of this Act is governed by the law in effect on
the date of filing, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2025.