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

89(R) SB 2082 - Senate Committee Report version - Bill Text

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.

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