S.B. No. 885 amends Section 382.058(c) of the Health and Safety Code to specify who may request a public hearing from the Texas Commission on Environmental Quality regarding the construction of a concrete plant. The bill allows only representatives from specific entities, including schools, places of worship, licensed day-care centers, hospitals, nursing facilities, or medical facilities, as well as individuals residing within 880 yards of the proposed plant, to request such a hearing. The previous requirement for individuals to reside 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 specified 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 continue to govern those hearings. 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)