88R2312 SHH-D
	By: J. Johnson of Harris	H.B. No. 94

	A BILL TO BE ENTITLED
	AN ACT
	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 [The] executive
	director shall base the decision on:
	(1)  whether the application meets the requirements of
	Section 382.05198; and
	(2)  a consideration of:
	(A)  [. The executive director shall consider]
	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 [in determining whether to approve the application].
	(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.