Bill Text: TX HB94 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the consideration for approval by the executive director of the Texas Commission on Environmental Quality of an application for an authorization to use a standard permit for a concrete batch plant.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-05-04 - Left pending in committee [HB94 Detail]
Download: Texas-2023-HB94-Introduced.html
88R2312 SHH-D | ||
By: J. Johnson of Harris | H.B. No. 94 |
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relating to the consideration for approval by the executive | ||
director of the Texas Commission on Environmental Quality of an | ||
application for an authorization to use a standard permit for a | ||
concrete batch plant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 382.05199, Health and Safety Code, is | ||
amended by amending Subsection (h) and adding Subsection (h-1) to | ||
read as follows: | ||
(h) Not later than the 35th day after the date the public | ||
hearing is held, the executive director shall approve or deny the | ||
application for authorization to use the standard permit. In | ||
determining whether to approve the application, the [ |
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director shall base the decision on: | ||
(1) whether the application meets the requirements of | ||
Section 382.05198; and | ||
(2) a consideration of: | ||
(A) [ |
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all comments received during the public comment period and at the | ||
public hearing; | ||
(B) the potential harm to local property values; | ||
and | ||
(C) the location of the facility relative to | ||
homes, schools, places of worship, parks, and other community | ||
assets [ |
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(h-1) If the executive director denies the application, the | ||
executive director shall state the reasons for the denial and any | ||
modifications to the application that are necessary for the | ||
proposed plant to qualify for the authorization. | ||
SECTION 2. Section 382.05199, Health and Safety Code, as | ||
amended by this Act, applies only to an application for an | ||
authorization to use a permit that is filed with the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. An application for an authorization to use a permit | ||
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, 2023. |