Thompson Bill Gives Locals A 30-Day Veto On Concrete Plants

The text as introduced · 372 words

89R1194 JXC-F

By: Thompson
H.B. No. 852

A BILL TO BE ENTITLED

AN ACT

relating to air quality permits for concrete batch plants located

in certain areas.

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. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN

CONCRETE BATCH PLANTS. (a) This section applies only to an

application for a permit or an authorization to use a permit for a

facility that is:

(1) a concrete plant that performs wet batching, dry

batching, or central mixing; and

(2) located or proposed to be located in:

(A) an incorporated area of a municipality that

has not adopted zoning regulations and has a population of more than

two million; or

(B) an unincorporated area of a county with a

population of more than 4.5 million.

(b) For each application described by Subsection (a), the

commission:

(1) shall send to the governing body of the

municipality or county, as applicable, a copy of the application;

and

(2) may not issue the permit or authorize the use of

the permit before the 31st day after the date the governing body

receives the copy unless the commission receives notice that the

governing body has approved the application.

(c) The commission may not issue a permit under Section

382.0518, 382.05195, 382.05196, 382.05198, or 382.051985 or

another provision of this chapter for a facility described by

Subsection (a) if the commission receives, before the 31st day

after the date the governing body receives the copy of the

application from the commission, notice that the governing body has

rejected the application.

SECTION 2. 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 3. This Act takes effect September 1, 2025.