The text as introduced · 243 words
90R4388 KRM-D
By: Ward Johnson
H.B. No. 327
A BILL TO BE ENTITLED
AN ACT
relating to the permitting of concrete batch 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 BATCH 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, 382.05198, or
382.051985 for the operation of a concrete plant located:
(1) in an area of a municipality that is not subject to
zoning regulations; and
(2) within five miles of a school, licensed day-care
center, or hospital.
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, 2027.