1 | 1 | | 89R492 JXC-D |
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2 | 2 | | By: Miles S.B. No. 2274 |
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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 the response by the Texas Commission on Environmental |
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10 | 10 | | Quality to certain complaints about certain concrete plants and |
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11 | 11 | | crushing facilities. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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14 | 14 | | by adding Section 5.180 to read as follows: |
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15 | 15 | | Sec. 5.180. CONCRETE PERMIT; RESPONSE TO COMPLAINTS. (a) |
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16 | 16 | | This section applies only to a facility, as defined by Section |
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17 | 17 | | 382.003, Health and Safety Code, 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 operating under a permit issued under |
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20 | 20 | | Section 382.0518, 382.05195, or 382.05198, Health and Safety Code; |
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21 | 21 | | or |
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22 | 22 | | (2) a concrete crushing facility operating under a |
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23 | 23 | | permit issued under Section 382.0518 or 382.05195, Health and |
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24 | 24 | | Safety Code. |
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25 | 25 | | (b) The commission shall immediately investigate a |
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26 | 26 | | complaint received by the commission concerning air pollution, as |
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27 | 27 | | defined by Section 382.003, Health and Safety Code, or pollution, |
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28 | 28 | | as defined by Section 26.001 of this code, caused by a facility if |
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29 | 29 | | the complaint is signed by at least 500 persons, each of whom |
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30 | 30 | | resides in a permanent residence within 1.5 miles of the facility. |
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31 | 31 | | (c) Section 5.177 does not apply to a complaint filed under |
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32 | 32 | | this section. The commission shall post a statement on the |
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33 | 33 | | commission's Internet website of the status of the investigation |
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34 | 34 | | until the final disposition of the complaint. |
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35 | 35 | | (d) The commission shall provide an opportunity for the |
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36 | 36 | | public to comment in writing on the complaint. The commission shall |
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37 | 37 | | post notice of the opportunity to comment on the commission's |
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38 | 38 | | Internet website not later than the 30th day before the date on |
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39 | 39 | | which the public comment period closes. |
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40 | 40 | | (e) After the conclusion of the public comment period and |
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41 | 41 | | when the investigation is complete, the commission shall post on |
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42 | 42 | | the commission's Internet website a written report that includes |
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43 | 43 | | the results of the investigation and a summary of the public |
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44 | 44 | | comments. |
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45 | 45 | | (f) If the commission determines that grounds described by |
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46 | 46 | | Section 7.302(b) of this code may exist for revoking or suspending a |
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47 | 47 | | permit or authorization under which the facility is operating under |
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48 | 48 | | Chapter 382, Health and Safety Code, or Chapter 26 of this code, the |
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49 | 49 | | commission shall hold a public hearing on the potential revocation |
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50 | 50 | | or suspension under Section 7.306 of this code. In addition to any |
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51 | 51 | | other notice of the hearing required by law, the commission shall |
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52 | 52 | | post notice of the hearing on the commission's Internet website not |
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53 | 53 | | later than the 14th day before the date of the hearing. |
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54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect September 1, 2025. |
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