bill keeping concrete crushers 440 yards from hospitals

The text as introduced · 423 words

89R5517 KRM-D

By: Thompson
H.B. No. 1823

A BILL TO BE ENTITLED

AN ACT

relating to the operation of a concrete crushing facility near a

hospital.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 382.065(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) The commission by rule shall prohibit the operation of a

concrete crushing facility within 440 yards of a building in use as

a single or multifamily residence, school, hospital, or place of

worship at the time the application for a permit to operate the

facility at a site near the residence, school, hospital, or place of

worship is filed with the commission. The measurement of distance

for purposes of this subsection shall be taken from the point on the

concrete crushing facility that is nearest to the residence,

school, hospital, or place of worship toward the point on the

residence, school, hospital, or place of worship that is nearest

the concrete crushing facility.

(b) Subsection (a) does 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

single or multifamily residence, school, hospital, or place of

worship is subsequently built or put to use 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. Section 382.065, Health and Safety Code, as

amended by this Act, applies only to an application for a permit or

authorization to use 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 or 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, 2025.