By Kuempel                                            H.B. No. 3678
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of permit amendments for facilities emitting
 1-3     air contaminants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 382, Water Code, is amended
 1-6     by adding a new Section 382.0519 to read as follows:
 1-7           Sec. 382.0519.  PERMIT AMENDMENTS.   (a)  Before work is
 1-8     begun on the modification of a permitted facility, or the
 1-9     construction of a facility at a site with at least one permitted
1-10     facility, the person planning the construction must obtain a permit
1-11     or permit amendment from the commission.
1-12           (b)  The commission shall grant within a reasonable time a
1-13     permit amendment if, from the information available to the
1-14     commission the commission finds:
1-15                 (1)  any facility authorized by the amended permit will
1-16     use at least the best available control technology, considering the
1-17     technical practicability and economic reasonableness of reducing or
1-18     eliminating the emissions resulting from the facility;
1-19                 (2)  no indication that the emissions from the facility
1-20     will contravene the intent of this chapter, including protection of
1-21     the public's health and physical property; and
 2-1                 (3)  if a facility is constructed, the emissions
 2-2     authorized by the amended permit will not increase or change in
 2-3     character.
 2-4           (d)  In considering a permit amendment, the commission shall
 2-5     consider any adjudicated decision or compliance proceeding within
 2-6     the five years before the date on which the application was filed
 2-7     that addressed the applicant's past performance and compliance with
 2-8     the laws of this state, another state, or the United States
 2-9     governing air contaminants or with the terms of any permit or order
2-10     issued by the commission.
2-11           SECTION 2.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended,
2-16     and that this Act take effect and be in force from and after its
2-17     passage, and it is so enacted.