SB 2082 amends Section 382.065 of the Texas Health and Safety Code to expand the state’s regulation of concrete crushing facilities located near hospitals. Under existing law, such facilities are already prohibited from operating within 440 yards of sensitive sites like schools, residences, and hospitals. SB 2082 enhances these protections by explicitly defining and targeting large hospital campuses located in dense urban environments for additional safeguarding.
The bill applies the 440-yard prohibition specifically to hospitals that meet three criteria: (1) licensed under Chapter 241 of the Health and Safety Code, (2) have more than 200 beds, and (3) are situated in a municipality with a population of at least 2 million and within four miles of a railroad switching yard containing at least 64 tracks. These criteria aim to address the unique challenges of large urban hospitals located in industrialized or heavily trafficked areas.
In addition to reinforcing the proximity restrictions, SB 2082 introduces exemptions. These include allowances for concrete crushing operations that are temporarily located in or adjacent to public works project rights-of-way, as well as for enclosed facilities that use crushers in the production of recycled materials, under specific geographic and demographic conditions. The bill directs the Texas Commission on Environmental Quality (TCEQ) to adopt rules implementing these changes and prohibits operation of covered facilities near hospitals until such rules are in place.
Overall, the legislation balances environmental and public health protections with narrowly defined exemptions for industry, targeting its restrictions to dense urban areas where vulnerable populations, particularly hospital patients, could be most affected by pollution and noise from concrete operations.
The Committee Substitute for SB 2082 significantly builds upon the originally filed version by introducing more precise criteria for which hospitals the restrictions apply to, and by establishing immediate protections pending agency rulemaking. While the original bill simply reinforced the 440-yard setback requirement between concrete crushing facilities and sensitive uses—including hospitals—it did so broadly, applying to any hospital regardless of size, location, or context, and only to permit applications filed after the law’s effective date of September 1, 2025.
In contrast, the Committee Substitute version narrows the hospital definition to target specific high-impact urban areas. It limits the bill's applicability to hospitals that are (1) licensed under Chapter 241 of the Health and Safety Code, (2) have over 200 beds, (3) are located in municipalities with populations of at least 2 million, and (4) are within four miles of a large railroad switching yard (with 64 or more tracks). This tailored approach focuses the bill’s impact on large hospitals in densely populated, industrially active urban environments, particularly in cities like Houston, while exempting rural or smaller hospitals from the expanded protections.
Another major difference is the timing and enforcement mechanism. The original bill defers the application of the new restrictions until after TCEQ adopts rules, applying only to new applications filed after the law takes effect. The Committee Substitute, however, includes an interim provision that prohibits operation of a concrete crushing facility within the specified distance of a qualifying hospital immediately upon the bill's effective date, regardless of TCEQ rulemaking. This ensures protections are in place from the start. Additionally, the substitute includes an exemption for temporary concrete crushers used in public works projects located within or adjacent to a right-of-way, which was not addressed in the original version.
Overall, the Committee Substitute moves from a general approach to a more targeted, enforceable framework, reflecting a stronger public health rationale while accommodating critical infrastructure needs.
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Sen. Borris Miles
