Bill Text: TX HB3412 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the location and operation of certain concrete crushing facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Environmental Regulation [HB3412 Detail]
Download: Texas-2021-HB3412-Introduced.html
By: King of Uvalde | H.B. No. 3412 |
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relating to the location and operation of certain concrete crushing | ||
facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 382.065, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsection (e) to | ||
read as follows: | ||
(b) Subsection (a) does not apply to a concrete crushing | ||
facility: | ||
(1) at a location for which commission authorization | ||
for the operation of a concrete crushing facility was in effect on | ||
September 1, 2001; | ||
(2) at a location that satisfies the distance | ||
requirements of Subsection (a) at the time the application for the | ||
initial authorization for the operation of that facility at that | ||
location is filed with the commission, provided that the | ||
authorization is granted and maintained, regardless of whether a | ||
single or multifamily residence, school, or place of worship is | ||
subsequently built or put to use within 440 yards of the facility; | ||
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(3) that: | ||
(A) uses a concrete crusher: | ||
(i) in the manufacture of products that | ||
contain recycled materials; and | ||
(ii) that is located in an enclosed | ||
building; and | ||
(B) is located: | ||
(i) within 25 miles of an international | ||
border; and | ||
(ii) in a municipality with a population of | ||
not less than 6,100 but not more than 20,000; or | ||
(4) that: | ||
(A) is located in a county with a population of | ||
less than 50,000; and | ||
(B) operates at a location: | ||
(i) for not more than 90 days; and | ||
(ii) only between the hours of 8 a.m. and 6 | ||
p.m. | ||
(e) The commission shall impose a condition for the | ||
authorization for the operation of a concrete crushing facility to | ||
which the exception provided by Subsection (b)(4) applies that the | ||
owner or operator of the facility must remove the aggregate | ||
produced by the facility from the location of the facility not later | ||
than the 30th day after the date of the expiration of the | ||
authorization. | ||
SECTION 2. Section 382.065(b), Health and Safety Code, as | ||
amended by this Act, and Section 382.065(e) of that code, as added | ||
by this Act, apply only to a permit to operate a concrete crushing | ||
facility the application for which is filed on or after the | ||
effective date of this Act. A permit 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, 2021. |