HBA-JLV H.B. 3119 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3119 By: Edwards Environmental Regulation 3/29/2001 Introduced BACKGROUND AND PURPOSE Current law does not require a public hearing to be held before a mobile rock crusher may be relocated to a new area. There are public concerns that particulate matter emitted from mobile rock crushers pollutes the air and could affect the health of nearby residents and the operation of nearby businesses. The absence of the requirement for a public hearing deprives affected parties of fair representation. House Bill 3119 requires the Texas Natural Resource Conservation Commission to provide that a mobile rock crusher is prohibited from operating in a new location until after a requested hearing. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 382.0585, Health and Safety Code) and SECTION 2 of this bill. ANALYSIS House Bill 3119 amends the Health and Safety Code to require the Texas Natural Resource Conservation Commission (TNRCC), by rule, to prohibit a mobile rock crusher from operating in a new location until after a contested case hearing on the rock crusher's permit to operate in a new location if a member of the house of representatives or a senator requests the hearing. The bill requires that the adopted rules must provide for notice of the hearing to residents and businesses that might be affected by the location or operation of the rock crusher, an opportunity for public participation at the hearing, an opportunity for any person with a justiciable interest in the location or operation of the rock crusher to be a party to the hearing, and the presentation of evidence regarding the effects of the rock crusher's operations on air quality and health. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.