new decision rules for concrete batch plant permits

The text as introduced · 336 words

89R8603 KRM-D

By: Jones of Dallas
H.B. No. 2231

A BILL TO BE ENTITLED

AN ACT

relating to the consideration for approval by the executive

director of the Texas Commission on Environmental Quality of an

application for an authorization to use a certain standard permit

for a concrete batch plant.

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

SECTION 1. Section 382.05199, Health and Safety Code, is

amended by amending Subsection (h) and adding Subsection (h-1) to

read as follows:

(h) Not later than the 35th day after the date the public

hearing is held, the executive director shall approve or deny the

application for authorization to use the standard permit. In

determining whether to approve the application, the [ The ] executive

director shall base the decision on :

(1) whether the application meets the requirements of

Section 382.05198 ; and

(2) a consideration of:

(A) [ . The executive director shall consider ]

all comments received during the public comment period and at the

public hearing ;

(B) the potential harm to local property values;

and

(C) the location of the facility relative to

homes, schools, places of worship, parks, and other community

assets [ in determining whether to approve the application ].

(h-1) If the executive director denies the application, the

executive director shall state the reasons for the denial and any

modifications to the application that are necessary for the

proposed plant to qualify for the authorization.

SECTION 2. Section 382.05199, Health and Safety Code, as

amended by this Act, applies only to an application for an

authorization to use a permit that is filed with the Texas

Commission on Environmental Quality on or after the effective date

of this Act. An application for an 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.