88R168 JXC-F     By: Thompson of Harris H.B. No. 137       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of air quality permits for concrete plants   located in certain areas.          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.  MUNICIPAL OR COUNTY APPROVAL OF CERTAIN   CONCRETE PLANTS. (a) This section applies only to a permit   application for a concrete plant located or proposed to be located   in:                (1)  an incorporated area of a municipality that has   not adopted zoning regulations and has a population of more than 2   million; or                (2)  the unincorporated area of a county with a   population of more than 4.5 million.          (b)  For each permit application described by Subsection   (a), the commission:                (1)  shall send to the governing body of the   municipality or county, as applicable, a copy of the application;   and                (2)  may not issue the permit applied for before the   31st day after the date the governing body receives the copy unless   the commission receives notice that the governing body has approved   the application.          (c)  The commission may not issue a permit under Section   382.0518, 382.05195, 382.05196, or 382.05198 or another provision   of this chapter for a concrete plant described by Subsection (a) if   the commission receives, before the 31st day after the date the   governing body receives the copy of the application from the   commission, notice that the governing body has rejected the   application.          SECTION 2.  Section 382.058(c), Health and Safety Code, is   amended to read as follows:          (c)  For purposes of this section, the only [those] persons   who [actually residing in a permanent residence within 440 yards of   the proposed plant] may request a hearing under Section 382.056 as a   person who may be affected are:                (1)  the municipality or county in which the proposed   plant will be located; and                (2)  persons actually residing in a permanent residence   within 440 yards of the proposed plant.          SECTION 3.  The changes in law made by this Act apply only to   an application for a permit that is submitted to the Texas   Commission on Environmental Quality on or after the effective date   of this Act. An application for a permit that was submitted to the   Texas Commission on Environmental Quality before the effective date   of this Act is governed by the law in effect at the time the   application was filed, and the former law is continued in effect for   that purpose.          SECTION 4.  This Act takes effect September 1, 2023.