Bill Text: TX SB1003 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1003 Detail]
Download: Texas-2011-SB1003-Enrolled.html
S.B. No. 1003 |
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relating to penalties for, and emergency orders suspending, the | ||
operation of a rock crusher or certain concrete plants without a | ||
current permit under the Texas Clean Air Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.052, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-3) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-3), the [ |
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of the penalty for operating a rock crusher or a concrete plant that | ||
performs wet batching, dry batching, or central mixing, that is | ||
required to obtain a permit under Section 382.0518, Health and | ||
Safety Code, and that is operating without the required permit is | ||
$10,000. Each day that a continuing violation occurs is a separate | ||
violation. | ||
(b-3) If a person operating a facility as described by | ||
Subsection (b) holds any type of permit issued by the commission | ||
other than the permit required for the facility, the commission may | ||
assess a penalty under Subsection (b) or (c). |
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SECTION 2. Section 5.5145, Water Code, is amended to read as | ||
follows: | ||
Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK | ||
CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may | ||
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operations of a rock crusher or a concrete plant that performs wet | ||
batching, dry batching, or central mixing and is required to obtain | ||
a permit under Section 382.0518, Health and Safety Code, and is | ||
operating without the necessary permit. | ||
SECTION 3. The change in law made by this Act to Section | ||
7.052, Water Code, applies only to a violation that occurs on or | ||
after the effective date of this Act. A violation that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the violation occurred, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1003 passed the Senate on | ||
March 31, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1003 passed the House, with | ||
amendment, on May 25, 2011, by the following vote: Yeas 147, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |