Miles Bill Gives Locals A Veto Over Concrete Plant Permits

The text as introduced · 406 words

89R422 JXC-F

By: Miles, Cook
S.B. No. 276

A BILL TO BE ENTITLED

AN ACT

relating to air quality permits for concrete crushing facilities

and concrete 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 FACILITIES. (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 crushing facility or 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) This section does not apply to an application for an

authorization to use a standard permit under Section 382.051985.

(c) 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.

(d) The commission may not issue a permit or authorize the

use of a permit under Section 382.0518, 382.05195, 382.05196, or

382.05198 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.