Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 1823 seeks to regulate the operation of concrete crushing facilities near hospitals. The proposed legislation aims to amend Section 382.065 of the Texas Health and Safety Code to establish a minimum distance requirement of 440 yards between concrete crushing facilities and hospital buildings. This measure mirrors the current distance regulations that apply to single or multifamily residences, schools, and places of worship. The distance would be measured from the nearest point of the concrete crushing facility to the nearest point of the hospital building.

The bill includes specific exemptions to accommodate existing facilities and unique circumstances. Facilities that were authorized to operate as of September 1, 2001, would not be subject to the new restriction. Additionally, facilities that met the distance requirement at the time of their initial permit application would remain exempt, even if a hospital is subsequently constructed within the 440-yard boundary. Moreover, the bill exempts concrete crushing facilities that use crushers located in enclosed buildings for manufacturing recycled products, provided they are situated within 25 miles of an international border and within a municipality with a population between 6,100 and 20,000.

Importantly, the bill specifies that these amendments would apply only to permit applications filed on or after the effective date of the Act, which is set for September 1, 2025. Applications submitted before this date would continue to be governed by the laws in effect at the time of filing. The intent of HB 1823 is to safeguard public health by reducing the potential negative environmental and noise impacts associated with concrete crushing operations in close proximity to healthcare facilities.

The original version of HB 1823 and its Committee Substitute share the same primary objective: regulating the operation of concrete crushing facilities near hospitals. Both versions amend Section 382.065 of the Texas Health and Safety Code to establish a 440-yard distance requirement between concrete crushing facilities and hospitals, consistent with existing distance rules for residences, schools, and places of worship. The purpose of both versions is to minimize the health and environmental impacts of concrete crushing operations on nearby healthcare facilities.

The primary difference between the original bill and the Committee Substitute lies in the specificity and scope of the proposed regulations. The original version broadly establishes a distance requirement without providing additional details on how the regulation should be enforced or monitored. In contrast, the Committee Substitute includes more nuanced language to address the measurement of distance from the concrete crushing facility to the hospital, thereby providing clearer guidance to regulators and facility operators. This improved clarity likely aims to reduce ambiguity in implementation and enforcement.

Another key difference is the treatment of exemptions. Both versions exempt facilities that were already authorized as of September 1, 2001, and facilities that met the distance requirement at the time of initial permit application. However, the Committee Substitute further refines these exemptions, including conditions related to facilities that recycle materials in enclosed buildings and are located within specified municipal and geographical boundaries. These additions reflect an effort to balance public health concerns with the operational needs of existing facilities, particularly those contributing to recycling efforts.

Overall, while both versions of HB 1823 aim to protect public health by restricting concrete crushing activities near hospitals, the committee substitute introduces more precise language and additional exemptions to address practical implementation and industry concerns.

Author (1)

Senfronia Thompson

Contact the Author

Rep. Senfronia Thompson

Capitol Phone:

(512) 463-0720

Capitol Office:

CAP 3S.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1823 would not have a significant fiscal impact on the state of Texas. The analysis indicates that any costs incurred as a result of implementing the bill could be managed within the existing budget and resources of the relevant state agency, the Texas Commission on Environmental Quality (TCEQ). This assessment suggests that the regulatory changes proposed by HB 1823 would not necessitate additional funding or staffing beyond what is currently available.

Furthermore, the LBB anticipates no significant fiscal impact on local governments. This implies that municipalities or other local entities would not face new financial burdens related to compliance, enforcement, or administrative responsibilities stemming from the bill. The cost-neutral assessment reflects the LBB’s expectation that the bill’s implementation would be routine and manageable within the current regulatory framework.

The lack of fiscal impact is significant because it indicates that the proposed restrictions on concrete crushing facilities near hospitals would not require new appropriations or additional support from state or local budgets. Consequently, lawmakers can consider the public health and environmental merits of the bill without concerns about adverse financial effects on government operations.

Vote Recommendation Notes

HB 1823 addresses a significant public health issue by regulating the operation of concrete crushing facilities near hospitals. The bill seeks to amend the Health and Safety Code to include hospitals among the types of buildings that require a minimum 440-yard distance from concrete crushing operations. This change is necessary to safeguard hospital patients, staff, and surrounding communities from the adverse health effects associated with air pollution caused by concrete crushing activities. The impetus for the bill is a recent incident in Houston, where a concrete crushing facility was permitted to operate less than 440 yards from Lyndon B. Johnson Hospital, raising serious concerns about air quality violations and health risks.

This legislation aligns with the core liberty principle of Individual Liberty, as it seeks to protect the right of individuals to maintain their health and well-being while accessing essential healthcare services. Additionally, it supports the principle of Limited Government by providing a targeted, evidence-based regulation that addresses a specific public health risk without imposing unnecessary restrictions on the concrete crushing industry as a whole. The bill also exemplifies Personal Responsibility by holding industrial operations accountable for the potential health impacts of their activities.

The bill’s practical approach, which includes well-defined distance requirements and clear rulemaking authority granted to the Texas Commission on Environmental Quality (TCEQ), ensures that the regulation can be effectively implemented without creating significant financial burdens for the state or local governments, as confirmed by the Legislative Budget Board's fiscal analysis. Furthermore, the inclusion of exemptions for existing facilities and specific circumstances strikes a balance between public health protection and the operational needs of the concrete crushing industry.

Given the reasonable scope of the regulation, its alignment with protecting public health, and its lack of significant fiscal impact, the recommendation is to support HB 1823. Texas Policy Research recommends that lawmakers vote YES on HB 1823.

Individual Liberty: HB 1823 positively impacts individual liberty by prioritizing public health and safety, especially for vulnerable populations in hospitals. By preventing concrete crushing facilities from operating within 440 yards of hospital buildings, the bill reduces the exposure of patients, staff, and nearby residents to harmful air pollutants. This aligns with the fundamental right to live in a safe and healthy environment. The bill acknowledges that the liberty of individuals to maintain their health should not be compromised by industrial activities that could pose significant health risks.
Personal Responsibility: The bill reinforces personal responsibility by holding concrete crushing operators accountable for the potential health impacts of their operations. By requiring facilities to maintain a safe distance from hospitals, the bill compels business owners to take responsibility for minimizing environmental harm. This encourages a proactive approach to addressing potential public health hazards, rather than allowing unrestricted operations that might adversely affect communities.
Free Enterprise: While the bill introduces a regulatory restriction, it balances economic and public health considerations by maintaining exemptions for facilities that were authorized before September 1, 2001, or that meet certain location-specific criteria. This approach allows for continued business operations while safeguarding public health. By narrowly targeting concrete crushing facilities near hospitals rather than broadly restricting the entire industry, the bill maintains a fair environment for free enterprise while mitigating specific risks.
Private Property Rights: HB 1823 does not infringe on private property rights as it does not prevent property owners from operating concrete crushing facilities outright. Instead, it establishes a reasonable restriction based on proximity to healthcare facilities, reflecting a balanced approach to land use. The bill ensures that property owners can still utilize their facilities within the regulatory framework, preserving their rights while protecting public health.
Limited Government: The bill respects the principle of limited government by addressing a specific, documented problem—proximity of concrete crushing facilities to hospitals—without overreaching into broader industrial regulation. The Texas Commission on Environmental Quality (TCEQ) is given clear rulemaking authority, ensuring that the regulation is precise and enforceable. By focusing on health protection while allowing existing facilities with proper authorization to continue operations, the bill avoids unnecessary expansion of government authority.

Related Legislation

SB 2082 (Same As)

View Bill Text and Status