Texas 2025 - 89th Regular

Texas Senate Bill SB2276 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R442 JXC-D
2	2	By: Miles S.B. No. 2276
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice of and opportunity for hearing on applications
10	10	for authorization to use certain permits for concrete batch plants
11	11	and concrete crushing facilities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 382.058, Health and
14	14	Safety Code, is amended to read as follows:
15	15	Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
16	16	CONCRETE BATCH PLANT OR CONCRETE CRUSHING FACILITY UNDER PERMIT BY
17	17	RULE, STANDARD PERMIT, OR EXEMPTION.
18	18	SECTION 2. Section 382.058, Health and Safety Code, is
19	19	amended by amending Subsections (a), (b), and (c) and adding
20	20	Subsections (c-1) and (e) to read as follows:
21	21	(a) Unless the person has complied with the notice and
22	22	opportunity for hearing provisions under Section 382.056, a [A]
23	23	person may not begin construction on a:
24	24	(1) [any] concrete plant that performs wet batching,
25	25	dry batching, or central mixing under a standard permit under
26	26	Section 382.05195 or a permit by rule adopted by the commission
27	27	under Section 382.05196; or
28	28	(2) concrete crushing facility under a standard permit
29	29	under Section 382.05195 or a permit by rule adopted by the
30	30	commission under Section 382.05196 [unless the person has complied
31	31	with the notice and opportunity for hearing provisions under
32	32	Section 382.056].
33	33	(b) This section does not apply to a:
34	34	(1) concrete plant or concrete crushing facility
35	35	located temporarily in the right-of-way, or contiguous to the
36	36	right-of-way, of a public works project; or
37	37	(2) concrete crushing facility described by Section
38	38	382.065(c), unless that facility is located in a county with a
39	39	population of 3.3 million or more or in a county adjacent to such a
40	40	county.
41	41	(c) For purposes of this section, only those persons
42	42	actually residing in a permanent residence within 440 yards of the
43	43	proposed plant or facility may request a hearing under Section
44	44	382.056 as a person who may be affected.
45	45	(c-1) If the request for a hearing alleges that the distance
46	46	of a proposed concrete crushing facility from the requestor's
47	47	residence would violate Section 382.065, the commission may not
48	48	deny the hearing request based solely on the distance between the
49	49	requestor's residence and the facility.
50	50	(e) In addition to applying to an initial authorization to
51	51	use a standard permit under Section 382.05195 or a permit by rule
52	52	adopted by the commission under Section 382.05196 for a plant or
53	53	facility described by Subsection (a) of this section, this section
54	54	applies to any renewal of an authorization to use such a permit for
55	55	such a plant or facility. The prohibition on public comment and
56	56	public hearings in Section 382.056(g) regarding a renewal that
57	57	would not result in an increase in allowable emissions or in the
58	58	emission of an air contaminant not previously emitted does not
59	59	apply to a renewal described by this subsection.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to an application for an initial authorization or a renewal of an
62	62	authorization to use a standard permit or permit by rule that is
63	63	submitted to the Texas Commission on Environmental Quality on or
64	64	after the effective date of this Act. An application submitted
65	65	before the effective date of this Act is governed by the law in
66	66	effect at the time the application was submitted, and the former law
67	67	is continued in effect for that purpose.
68	68	SECTION 4. This Act takes effect September 1, 2025.