Bill Text: TX SB793 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to restrictions on the location and operation of concrete crushing facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-16 - Co-author authorized [SB793 Detail]
Download: Texas-2017-SB793-Introduced.html
Bill Title: Relating to restrictions on the location and operation of concrete crushing facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-16 - Co-author authorized [SB793 Detail]
Download: Texas-2017-SB793-Introduced.html
85R5913 JAM-F | ||
By: Miles | S.B. No. 793 |
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relating to restrictions on the location and operation of 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 Subsections (a) and (b) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) The commission by rule shall prohibit the operation of a | ||
concrete crushing facility within 440 yards of the following types | ||
of buildings or facilities: | ||
(1) a building in use as a single or multifamily | ||
residence, school, or place of worship; | ||
(2) a place of business where employees of the | ||
business perform outdoor work near the concrete crushing facility; | ||
or | ||
(3) a park or other outdoor recreational facility, | ||
including a playing field [ |
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(a-1) The measurement of distance for purposes of this | ||
section is the shortest distance between [ |
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place of business, or outdoor recreational facility described by | ||
Subsection (a) [ |
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(b) A rule adopted under this section [ |
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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 | ||
building, place of business, or outdoor recreational facility | ||
described by Subsection (a) [ |
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within 440 yards of the facility; or | ||
(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. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an application for a permit to operate a concrete crushing | ||
facility that is filed on or after the effective date of this Act. | ||
An application for 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 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, 2017. |