Bill Text: TX SB816 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a motion to overturn an executive director decision on an authorization to use a standard permit for certain concrete plants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-26 - Left pending in committee [SB816 Detail]

Download: Texas-2023-SB816-Introduced.html
  88R1172 JXC-D
 
  By: Alvarado S.B. No. 816
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a motion to overturn an executive director decision on
  an authorization to use a standard permit for certain concrete
  plants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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: PROCEDURAL PROVISIONS [NOTICE AND HEARING].
         SECTION 2.  Section 382.05199, Health and Safety Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  A person may file with the commission a motion to
  overturn as described by commission rule to challenge an executive
  director's final decision on an authorization to use a standard
  permit under Section 382.05198.
         SECTION 3.  The heading to Section 382.058, Health and
  Safety Code, is amended to read as follows:
         Sec. 382.058.  CERTAIN PROCEDURAL PROVISIONS FOR [NOTICE OF
  AND HEARING ON] CONSTRUCTION OF CONCRETE PLANT UNDER PERMIT BY
  RULE, STANDARD PERMIT, OR EXEMPTION.
         SECTION 4.  Section 382.058, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  A person may file with the commission a motion to
  overturn as described by commission rule to challenge an executive
  director's final decision on an authorization to use a standard
  permit issued under Section 382.05195 for a concrete plant that
  performs wet batching, dry batching, or central mixing.
         SECTION 5.  The Texas Commission on Environmental Quality
  shall adopt rules to implement the changes in law made by this Act
  not later than December 31, 2023.
         SECTION 6.  The changes in law made by this Act apply only to
  an application for an authorization to use a standard permit that is
  submitted to the Texas Commission on Environmental Quality on or
  after December 31, 2023. An application that was submitted to the
  Texas Commission on Environmental Quality before that date is
  governed by the law in effect at the time the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2023.
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