HB1823 - Relating to the operation of a concrete crushing facility near a hospital.

  89R5517 KRM-D     By: Thompson H.B. No. 1823       A BILL TO BE ENTITLED   AN ACT   relating to the operation of a concrete crushing facility near a   hospital.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 382.065(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  The commission by rule shall prohibit the operation of a   concrete crushing facility within 440 yards of a building in use as   a single or multifamily residence, school, hospital, or place of   worship at the time the application for a permit to operate the   facility at a site near the residence, school, hospital, or place of   worship is filed with the commission.  The measurement of distance   for purposes of this subsection shall be taken from the point on the   concrete crushing facility that is nearest to the residence,   school, hospital, or place of worship toward the point on the   residence, school, hospital, or place of worship that is nearest   the concrete crushing facility.          (b)  Subsection (a) does not apply to a concrete crushing   facility:                (1)  at a location for which commission authorization   for the operation of a concrete crushing facility was in effect on   September 1, 2001;                (2)  at a location that satisfies the distance   requirements of Subsection (a) at the time the application for the   initial authorization for the operation of that facility at that   location is filed with the commission, provided that the   authorization is granted and maintained, regardless of whether a   single or multifamily residence, school, hospital, or place of   worship is subsequently built or put to use within 440 yards of the   facility; or                (3)  that:                      (A)  uses a concrete crusher:                            (i)  in the manufacture of products that   contain recycled materials; and                            (ii)  that is located in an enclosed   building; and                      (B)  is located:                            (i)  within 25 miles of an international   border; and                            (ii)  in a municipality with a population of   not less than 6,100 but not more than 20,000.          SECTION 2.  Section 382.065, Health and Safety Code, as   amended by this Act, applies only to an application for a permit or   authorization to use a permit to operate a concrete crushing   facility that is filed on or after the effective date of this Act.     An application for a permit or authorization to use a permit 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.