Texas 2025 - 89th Regular

Texas Senate Bill SB2274 Compare Versions

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11 89R492 JXC-D
22 By: Miles S.B. No. 2274
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the response by the Texas Commission on Environmental
1010 Quality to certain complaints about certain concrete plants and
1111 crushing facilities.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter E, Chapter 5, Water Code, is amended
1414 by adding Section 5.180 to read as follows:
1515 Sec. 5.180. CONCRETE PERMIT; RESPONSE TO COMPLAINTS. (a)
1616 This section applies only to a facility, as defined by Section
1717 382.003, Health and Safety Code, that is:
1818 (1) a concrete plant that performs wet batching, dry
1919 batching, or central mixing operating under a permit issued under
2020 Section 382.0518, 382.05195, or 382.05198, Health and Safety Code;
2121 or
2222 (2) a concrete crushing facility operating under a
2323 permit issued under Section 382.0518 or 382.05195, Health and
2424 Safety Code.
2525 (b) The commission shall immediately investigate a
2626 complaint received by the commission concerning air pollution, as
2727 defined by Section 382.003, Health and Safety Code, or pollution,
2828 as defined by Section 26.001 of this code, caused by a facility if
2929 the complaint is signed by at least 500 persons, each of whom
3030 resides in a permanent residence within 1.5 miles of the facility.
3131 (c) Section 5.177 does not apply to a complaint filed under
3232 this section. The commission shall post a statement on the
3333 commission's Internet website of the status of the investigation
3434 until the final disposition of the complaint.
3535 (d) The commission shall provide an opportunity for the
3636 public to comment in writing on the complaint. The commission shall
3737 post notice of the opportunity to comment on the commission's
3838 Internet website not later than the 30th day before the date on
3939 which the public comment period closes.
4040 (e) After the conclusion of the public comment period and
4141 when the investigation is complete, the commission shall post on
4242 the commission's Internet website a written report that includes
4343 the results of the investigation and a summary of the public
4444 comments.
4545 (f) If the commission determines that grounds described by
4646 Section 7.302(b) of this code may exist for revoking or suspending a
4747 permit or authorization under which the facility is operating under
4848 Chapter 382, Health and Safety Code, or Chapter 26 of this code, the
4949 commission shall hold a public hearing on the potential revocation
5050 or suspension under Section 7.306 of this code. In addition to any
5151 other notice of the hearing required by law, the commission shall
5252 post notice of the hearing on the commission's Internet website not
5353 later than the 14th day before the date of the hearing.
5454 SECTION 2. This Act takes effect immediately if it receives
5555 a vote of two-thirds of all the members elected to each house, as
5656 provided by Section 39, Article III, Texas Constitution. If this
5757 Act does not receive the vote necessary for immediate effect, this
5858 Act takes effect September 1, 2025.