75R12100 JJT-D                           

         By Allen                                              H.B. No. 3019

         Substitute the following for H.B. No. 3019:

         By Howard                                         C.S.H.B. No. 3019

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to permit exemptions under the Texas Clean Air Act for

 1-3     construction or modification of certain facilities.


 1-5           SECTION 1.  Section 382.057, Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           Sec. 382.057.  EXEMPTION.  (a)  If it is found on

 1-8     investigation that such changes or types of facilities will not

 1-9     make a significant contribution of air contaminants to the

1-10     atmosphere and consistent [Consistent] with Section 382.0511, the

1-11     commission by rule may exempt from the requirements of Section

1-12     382.0518:

1-13                 (1)  changes within a permitted facility;

1-14                 (2)  changes to another facility requested under or

1-15     authorized by commission rule before September 1, 1999; and

1-16                 (3)  certain types of facilities [if it is found on

1-17     investigation that such changes or types of facilities will not

1-18     make a significant contribution of air contaminants to the

1-19     atmosphere].

1-20           (b)  The commission by rule shall exempt from the

1-21     requirements of Section 382.0518 or issue a standard permit for the

1-22     installation of emission control equipment that constitutes a

1-23     modification or a new facility, subject to such conditions

1-24     restricting the applicability of such exemption or standard permit

 2-1     that the commission deems necessary to accomplish the intent of

 2-2     this chapter.

 2-3           (c)  The commission may not exempt any facility or any

 2-4     modification of an existing facility defined as "major" under the

 2-5     federal Clean Air Act or regulations adopted under that Act.

 2-6           (d)  Nothing in this section [subsection] shall be construed

 2-7     to limit the  commission's general power to control the state's air

 2-8     quality under Section 382.011(a).

 2-9           (e) [(b)]  The commission shall adopt rules specifically

2-10     defining the terms and conditions for an exemption under this

2-11     section in a nonattainment area as defined by Title I of the

2-12     federal Clean Air Act (42 U.S.C. Section 7401 et seq.).

2-13           SECTION 2.  This Act takes effect September 1, 1997.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.