bill limiting concrete plant permits in unzoned city areas

The text as introduced · 317 words

89R8161 KRM-D

By: Ward Johnson
H.B. No. 5235

A BILL TO BE ENTITLED

AN ACT

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

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, 382.05196, or 382.051985

for the operation of a 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

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

[ BATCH ] PLANTS: NOTICE AND HEARING.

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, 2025.