HBA-MPM H.B. 2134 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2134 By: Solomons Environmental Regulation 3/16/1999 Introduced BACKGROUND AND PURPOSE The volume of cement truck traffic associated with a concrete batch plant may pose the risk of accidents, especially when the plant is built in proximity to a residential area or a school. H.B. 2134 prohibits the Texas Natural Resource Conservation Commission from issuing a permit for a new concrete batch plant within a two-mile radius of an established school or residential area. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 382, Health and Safety Code, by adding Section 382.0535, as follows: Sec. 382.0535. PROHIBITION ON PERMIT FOR CERTAIN CONCRETE BATCH PLANTS. Prohibits the Texas Natural Resource Conservation Commission (TNRCC) from issuing a permit for a new concrete batch plant, the outer perimeter of which would be located less than two miles from a school or a residence in a residential area that is established and substantially inhabited before the application is filed, notwithstanding any other law. SECTION 2. (a) Makes this Act applicable only to a proceeding of TNRCC that relates to an application for a permit for a concrete batch plant that is filed on or after the effective date of this Act. SECTION 3.Emergency clause. Effective date: upon passage.