1-1     By:  Allen (Senate Sponsor - Brown)                   H.B. No. 3019

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 9, Nays 1; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to permit exemptions under the Texas Clean Air Act for

 1-9     construction or modification of certain facilities.


1-11           SECTION 1.  Section 382.057, Health and Safety Code, is

1-12     amended to read as follows:

1-13           Sec. 382.057.  EXEMPTION.  (a)  If it is found on

1-14     investigation that such changes or types of facilities will not

1-15     make a significant contribution of air contaminants to the

1-16     atmosphere and consistent [Consistent] with Section 382.0511, the

1-17     commission by rule may exempt from the requirements of Section

1-18     382.0518:

1-19                 (1)  changes within a permitted facility;

1-20                 (2)  changes to another facility requested under or

1-21     authorized by commission rule before September 1, 1999; and

1-22                 (3)  certain types of facilities [if it is found on

1-23     investigation that such changes or types of facilities will not

1-24     make a significant contribution of air contaminants to the

1-25     atmosphere].

1-26           (b)  The commission by rule shall exempt from the

1-27     requirements of Section 382.0518 or issue a standard permit for the

1-28     installation of emission control equipment that constitutes a

1-29     modification or a new facility, subject to such conditions

1-30     restricting the applicability of such exemption or standard permit

1-31     that the commission deems necessary to accomplish the intent of

1-32     this chapter.

1-33           (c)  The commission may not exempt any facility or any

1-34     modification of an existing facility defined as "major" under the

1-35     federal Clean Air Act or regulations adopted under that Act.

1-36           (d)  Nothing in this section [subsection] shall be construed

1-37     to limit the  commission's general power to control the state's air

1-38     quality under Section 382.011(a).

1-39           (e) [(b)]  The commission shall adopt rules specifically

1-40     defining the terms and conditions for an exemption under this

1-41     section in a nonattainment area as defined by Title I of the

1-42     federal Clean Air Act (42 U.S.C. Section 7401 et seq.).

1-43           SECTION 2.  This Act takes effect September 1, 1997.

1-44           SECTION 3.  The importance of this legislation and the

1-45     crowded condition of the calendars in both houses create an

1-46     emergency and an imperative public necessity that the

1-47     constitutional rule requiring bills to be read on three several

1-48     days in each house be suspended, and this rule is hereby suspended.

1-49                                  * * * * *