S.B. No. 885 amends Section 382.058(c) of the Health and Safety Code to clarify who may request a public hearing from the Texas Commission on Environmental Quality regarding the construction of a concrete plant. The bill specifies that only a representative of a school, place of worship, licensed day-care center, hospital, nursing facility, or medical facility, as well as individuals residing within 880 yards of the proposed plant, may request such a hearing. The previous requirement for individuals to be "actually residing in a permanent residence" within 440 yards has been removed. Additionally, the bill mandates that the commission adopt rules to define who qualifies as a representative of the aforementioned entities.

The changes made by this Act will apply only to hearings regarding permit applications submitted to the Texas Commission on Environmental Quality after the effective date of the new rules. For applications submitted before this date, the existing law will remain in effect. The Act will take effect immediately if it receives a two-thirds vote from both houses; otherwise, it will take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 382.058 (Health and Safety Code 382)