SB2082 - Relating to the operation of a concrete crushing facility near a hospital.

      By: Miles  S.B. No. 2082          (In the Senate - Filed March 7, 2025; March 24, 2025, read   first time and referred to Committee on Natural Resources;   April 28, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; April 28, 2025,   sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 2082 By:  Alvarado     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.  Section 382.065, Health and Safety Code, is   amended by amending Subsections (a) and (b) and adding Subsections   (e) and (f) 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.           (e)  This section applies only to a hospital that:                   (1)  is licensed under Chapter 241;                 (2)  has more than 200 beds; and                 (3)  is located:                       (A)     in a municipality with a population of two   million or more; and                         (B)     not more than four miles from a railroad   switching yard that has at least 64 railroad tracks.           (f)     Subsection (a) does not require the commission to   prohibit the operation of a concrete crushing facility within 440   yards of a hospital if the facility is located temporarily in the   right-of-way, or contiguous to the right-of-way, of a public works   project.          SECTION 2.  Beginning on the effective date of this Act,   until the date the Texas Commission on Environmental Quality adopts   the rules required by Section 382.065(a), Health and Safety Code,   as amended by this Act, a person may not operate a concrete crushing   facility within 440 yards of a building in use as a hospital   described by Section 382.065(e), Health and Safety Code, as added   by this Act, regardless of whether the commission has issued a   permit or authorized the use of a standard permit for that facility.     After the commission adopts the rules, the person may operate the   concrete crushing facility only if the commission determines that   the operation is not prohibited by the rules.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.     * * * * *