Bill Text: TX HB124 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the permitting of certain concrete plants located in an area of a municipality not subject to zoning regulations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Environmental Regulation [HB124 Detail]
Download: Texas-2023-HB124-Introduced.html
88R2302 LRM-D | ||
By: J. Johnson of Harris | H.B. No. 124 |
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relating to the permitting of certain concrete plants located in an | ||
area of a municipality not subject to zoning regulations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 382, Health and Safety | ||
Code, is amended by adding Section 382.051991 to read as follows: | ||
Sec. 382.051991. PERMIT FOR CERTAIN CONCRETE PLANTS NOT | ||
SUBJECT TO MUNICIPAL ZONING. (a) This section applies only to a | ||
permanent concrete plant that performs wet batching, dry batching, | ||
or central mixing. | ||
(b) The commission may not issue or authorize the use of a | ||
permit under Section 382.0518, 382.05195, or 382.05196 for the | ||
operation of a permanent concrete plant located in an incorporated | ||
area of a municipality that is not subject to zoning regulations. | ||
(c) The commission may authorize the use of a standard | ||
permit issued under Section 382.05198 for the operation of a | ||
permanent concrete plant described by Subsection (b). | ||
(d) Notwithstanding Section 382.05199, an applicant for an | ||
authorization described by Subsection (c) must comply with Section | ||
382.056 before the commission may authorize the use of the standard | ||
permit by the applicant. | ||
SECTION 2. The heading to Section 382.05199, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE | ||
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SECTION 3. Section 382.051991, Health and Safety Code, as | ||
added by this Act, applies only to a permit or authorization the | ||
application for which is filed with the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. A | ||
permit or authorization the application for which is 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 4. This Act takes effect September 1, 2023. |