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.