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  89R8161 KRM-D     By: Ward Johnson H.B. No. 5235       A BILL TO BE ENTITLED   AN ACT   relating to the permitting of certain concrete 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 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, or 382.051985   for the operation of a concrete plant located in an incorporated   area of a municipality that is not subject to zoning regulations.           (c)     The commission may authorize the use of a standard   permit issued under Section 382.05198 for the operation of a   concrete plant described by Subsection (b).           (d)     Notwithstanding Section 382.05199, an applicant for an   authorization described by Subsection (c) must comply with Section   382.056 before the commission may authorize the use of the standard   permit by the applicant.          SECTION 2.  The heading to Section 382.05199, Health and   Safety Code, is amended to read as follows:          Sec. 382.05199.  STANDARD PERMIT FOR CERTAIN CONCRETE   [ BATCH ] PLANTS: NOTICE AND HEARING.          SECTION 3.  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 4.  This Act takes effect September 1, 2025.