HB852 - Relating to air quality permits for concrete batch plants located in certain areas.

  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.