Bill Text: TX HB124 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the permitting of certain concrete plants located in an area of a municipality not subject to zoning regulations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-02-23 - Referred to Environmental Regulation [HB124 Detail]

Download: Texas-2023-HB124-Introduced.html
  88R2302 LRM-D
 
  By: J. Johnson of Harris H.B. No. 124
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the permitting of certain concrete plants located in an
  area of a municipality not subject to zoning regulations.
         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.  PERMIT FOR CERTAIN CONCRETE PLANTS NOT
  SUBJECT TO MUNICIPAL ZONING. (a) This section applies only to a
  permanent concrete plant that performs wet batching, dry batching,
  or central mixing.
         (b)  The commission may not issue or authorize the use of a
  permit under Section 382.0518, 382.05195, or 382.05196 for the
  operation of a permanent concrete plant located in an incorporated
  area of a municipality that is not subject to zoning regulations.
         (c)  The commission may authorize the use of a standard
  permit issued under Section 382.05198 for the operation of a
  permanent concrete plant described by Subsection (b).
         (d)  Notwithstanding Section 382.05199, an applicant for an
  authorization described by Subsection (c) must comply with Section
  382.056 before the commission may authorize the use of the standard
  permit by the applicant.
         SECTION 2.  The heading to Section 382.05199, Health and
  Safety Code, is amended to read as follows:
         Sec. 382.05199.  STANDARD PERMIT FOR CERTAIN CONCRETE
  [BATCH] PLANTS: NOTICE AND HEARING.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.
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