HBA-JLV H.B. 3119 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3119
By: Edwards
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not require a public hearing to be held before a mobile
rock crusher may be relocated to a new area.  There are public concerns
that  particulate matter emitted from mobile rock crushers pollutes the air
and could affect the health of nearby residents and the operation of nearby
businesses.  The absence of the requirement for a public hearing deprives
affected parties of fair representation.  House Bill 3119 requires the
Texas Natural Resource Conservation Commission to provide that a mobile
rock crusher is prohibited from operating in a new location until after a
requested hearing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 382.0585, Health and Safety Code) and
SECTION 2 of this bill. 

ANALYSIS

House Bill 3119 amends the Health and Safety Code to require the Texas
Natural Resource Conservation Commission (TNRCC), by rule, to prohibit a
mobile rock crusher from operating in a new location until after a
contested case hearing on the rock crusher's permit to operate in a new
location if a member of the house of representatives or a senator requests
the hearing.  The bill requires that the adopted rules must provide for
notice of the hearing to residents and businesses that might be affected by
the location or operation of the rock crusher, an opportunity for public
participation at the hearing, an opportunity for any person with a
justiciable interest in the location or operation of the rock crusher to be
a party to the hearing, and the presentation of evidence regarding the
effects of the rock crusher's operations on air quality and health. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.