AN ACT
 1-1     relating to the issuance of certain permits for the emission of air
 1-2     contaminants.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subdivision (9), Section 382.003, Health and
 1-5     Safety Code, is amended to read as follows:
 1-6                 (9)  "Modification of existing facility" means any
 1-7     physical change in, or change in the method of operation of, a
 1-8     facility in a manner that increases the amount of any air
 1-9     contaminant emitted by the facility into the atmosphere or that
1-10     results in the emission of any air contaminant not previously
1-11     emitted.  The term does not include:
1-12                       (A)  insignificant increases in the amount of any
1-13     air contaminant emitted that is authorized by one or more
1-14     commission exemptions;
1-15                       (B)  insignificant increases at a permitted
1-16     facility;
1-17                       (C)  maintenance or replacement of equipment
1-18     components that do not increase or tend to increase the amount or
1-19     change the characteristics of the air contaminants emitted into the
1-20     atmosphere;
1-21                       (D)  an increase in the annual hours of operation
1-22     unless the existing facility has received a preconstruction permit
1-23     or has been exempted, pursuant to Section 382.057, from
1-24     preconstruction permit requirements;
 2-1                       (E)  a physical change in, or change in the
 2-2     method of operation of, a facility that does not result in a net
 2-3     increase in allowable emissions of any air contaminant and that
 2-4     does not result in the emission of any air contaminant not
 2-5     previously emitted, provided that the facility:
 2-6                             (i)  has received a preconstruction permit
 2-7     or permit amendment or has been exempted pursuant to Section
 2-8     382.057 from preconstruction permit requirements no earlier than
 2-9     120 months before the change will occur; or
2-10                             (ii)  uses, regardless of whether the
2-11     facility has received a permit, an air pollution control method
2-12     that is at least as effective as the best available control
2-13     technology, considering technical practicability and economic
2-14     reasonableness, that the board required or would have required for
2-15     a facility of the same class or type as a condition of issuing a
2-16     permit or permit amendment 120 months before the change will occur;
2-17                       (F)  a physical change in, or change in the
2-18     method of operation of, a facility where the change is within the
2-19     scope of a flexible permit or a multiple plant permit; or
2-20                       (G)  a change in the method of operation of a
2-21     natural gas processing, treating, or compression facility connected
2-22     to or part of a natural gas gathering or transmission pipeline
2-23     which does not result in an annual emission rate of a pollutant in
2-24     excess of the volume emitted at the maximum designed capacity,
2-25     provided that the facility is one for which:
2-26                             (i)  construction or operation started on
 3-1     or before September 1, 1971, and at which either no modification
 3-2     has occurred after September 1, 1971, or at which modifications
 3-3     have occurred only pursuant to standard exemptions; or
 3-4                             (ii)  construction started after September
 3-5     1, 1971, and before March 1, 1972, and which registered in
 3-6     accordance with Section 382.060 as that section existed prior to
 3-7     September 1, 1991.
 3-8           SECTION 2.  Subsections (a) and (b), Section 382.051, Health
 3-9     and Safety Code, are amended to read as follows:
3-10           (a)  The commission may issue a permit:
3-11                 (1)  to construct a new facility or modify an existing
3-12     facility that may emit air contaminants; [or]
3-13                 (2)  to operate an existing facility under a voluntary
3-14     emissions reduction permit; or
3-15                 (3)  to operate a federal source.
3-16           (b)  To assist in fulfilling its authorization provided by
3-17     Subsection (a), the commission may issue:
3-18                 (1)  special permits for certain facilities;
3-19                 (2)  a general permit [developed by rule] for numerous
3-20     similar sources subject to Section 382.054;
3-21                 (3)  a standard permit [developed by rule] for
3-22     [numerous] similar facilities [subject to Section 382.0518];
3-23                 (4)  a permit by rule for types of facilities that will
3-24     not significantly contribute air contaminants to the atmosphere;
3-25                 (5)  a single federal operating permit or
3-26     preconstruction permit for multiple federal sources or facilities
 4-1     located at the same site;
 4-2                 (6)  a multiple plant permit for existing facilities at
 4-3     multiple locations subject to Section 382.0518 or 382.0519; or
 4-4                 (7) [(5)]  other permits as necessary.
 4-5           SECTION 3.  Subchapter C, Chapter 382, Health and Safety
 4-6     Code, is amended by adding Section 382.05101 to read as follows:
 4-7           Sec. 382.05101.  DE MINIMIS AIR CONTAMINANTS.  The commission
 4-8     may develop by rule the criteria to establish a de minimis level of
 4-9     air contaminants for facilities or groups of facilities below which
4-10     a permit under Section 382.0518 or 382.0519, a standard permit
4-11     under Section 382.05195, or a permit by rule under Section
4-12     382.05196 is not required.
4-13           SECTION 4.  Subsections (a) and (c), Section 382.0511, Health
4-14     and Safety Code, are amended to read as follows:
4-15           (a)  The commission may consolidate into a single permit[:]
4-16                 [(1)]  any permits, special permits, standard permits,
4-17     permits by rule, or exemptions for a facility or federal source
4-18     [issued by the commission before December 1, 1991; or]
4-19                 [(2)  any permit issued by the commission on or after
4-20     December 1, 1991, with any permits, special permits, or exemptions
4-21     issued or qualified for by that date].
4-22           (c)  The commission [by rule] may authorize changes in a
4-23     federal source to proceed before the owner or operator obtains a
4-24     federal operating permit or revisions to a federal operating permit
4-25     if the changes are de minimis under Section 382.05101 or the owner
4-26     or operator has obtained a preconstruction permit or permit
 5-1     amendment required by Section 382.0518 or is operating under a
 5-2     standard permit under Section 382.05195, a permit by rule under
 5-3     Section 382.05196, or an exemption allowed under Section 382.057.
 5-4           SECTION 5.  Subchapter C, Chapter 382, Health and Safety
 5-5     Code, is amended by adding Sections 382.0519 and 382.05191 through
 5-6     382.05196 to read as follows:
 5-7           Sec. 382.0519.  VOLUNTARY EMISSIONS REDUCTION PERMIT.
 5-8     (a)  Before September 1, 2001, the owner or operator of an
 5-9     existing, unpermitted facility not subject to the requirement to
5-10     obtain a permit under Section 382.0518(g) may apply for a permit to
5-11     operate that facility under this section.
5-12           (b)  The commission shall grant within a reasonable time a
5-13     permit under this section if, from the information available to the
5-14     commission, including information presented at any public hearing
5-15     or through written comment:
5-16                 (1)  the commission finds that the facility will use an
5-17     air pollution control method at least as beneficial as that
5-18     described in Section 382.003(9)(E)(ii), considering the age and
5-19     remaining useful life of the facility, except as provided by
5-20     Subdivision (2); or
5-21                 (2)  for a facility located in a near-nonattainment or
5-22     nonattainment area for a national ambient air quality standard, the
5-23     commission finds that the facility will use the more stringent of:
5-24                       (A)  a control method at least as beneficial as
5-25     that described in Section 382.003(9)(E)(ii), considering the age
5-26     and remaining useful life of the facility; or
 6-1                       (B)  a control technology that the commission
 6-2     finds is demonstrated to be generally achievable for facilities in
 6-3     that area of the same type that are permitted under this section,
 6-4     considering the age and remaining useful life of the facility.
 6-5           (c)  If the commission finds that the emissions from the
 6-6     facility will contravene the standards under Subsection (b) or the
 6-7     intent of this chapter, including protection of the public's health
 6-8     and physical property, the commission may not grant the permit
 6-9     under this section.
6-10           (d)  A person planning the modification of a facility
6-11     previously permitted under this section must comply with Section
6-12     382.0518 before work is begun on the construction of the
6-13     modification.
6-14           (e)  A permit issued by the commission under this section may
6-15     defer the implementation of the requirement of reductions in the
6-16     emissions of certain air contaminants only if the applicant will
6-17     make substantial emissions reductions in other specific air
6-18     contaminants.  The deferral shall be based on a prioritization of
6-19     air contaminants by the commission as necessary to meet local,
6-20     regional, and statewide air quality needs.
6-21           (f)  The commission shall give priority to the processing of
6-22     applications for the issuance, amendment, or renewal of a permit
6-23     for those facilities authorized under Section 382.0518(g) that are
6-24     located less than two miles from the outer perimeter of a school,
6-25     child day-care facility, hospital, or nursing home.
6-26           Sec. 382.05191.  VOLUNTARY EMISSIONS REDUCTION PERMIT:
 7-1     NOTICE AND HEARING.  (a)  An applicant for a permit under Section
 7-2     382.0519 shall publish notice of intent to obtain the permit in
 7-3     accordance with Section 382.056.
 7-4           (b)  The commission may authorize an applicant for a permit
 7-5     for a facility that constitutes or is part of a small business
 7-6     stationary source as defined in Section 382.0365(g)(2) to provide
 7-7     notice using an alternative means if the commission finds that the
 7-8     proposed method will result in equal or better communication with
 7-9     the public, considering the effectiveness of the notice in reaching
7-10     potentially affected persons, cost, and consistency with federal
7-11     requirements.
7-12           (c)  The commission shall provide an opportunity for a public
7-13     hearing and the submission of public comment and send notice of a
7-14     decision on an application for a permit under Section 382.0519 in
7-15     the same manner as provided by Sections 382.0561 and 382.0562.
7-16           (d)  A person affected by a decision of the commission to
7-17     issue or deny a voluntary emissions reduction permit may move for
7-18     rehearing and is entitled to judicial review under Section 382.032.
7-19           Sec. 382.05192.  REVIEW AND RENEWAL OF VOLUNTARY EMISSIONS
7-20     REDUCTION AND MULTIPLE PLANT PERMITS.  Review and renewal of a
7-21     permit issued under Section 382.0519 or 382.05194 shall be
7-22     conducted in accordance with Section 382.055.
7-23           Sec. 382.05193.  EMISSIONS PERMITS THROUGH EMISSIONS
7-24     REDUCTION.  (a)  The commission may issue a permit under Section
7-25     382.0519 for a facility:
7-26                 (1)  that makes a good faith effort to make equipment
 8-1     improvements and emissions reductions necessary to meet the
 8-2     requirements of that section;
 8-3                 (2)  that, in spite of the effort, cannot reduce the
 8-4     facility's emissions to the degree necessary for the issuance of
 8-5     the permit; and
 8-6                 (3)  the owner or operator of which acquires a
 8-7     sufficient number of emissions reduction credits to offset the
 8-8     facility's excessive emissions under the program established under
 8-9     Subsection (b).
8-10           (b)  The commission by rule shall establish a program to
8-11     grant emissions reduction credits to a facility if the owner or
8-12     operator conducts an emissions reduction project to offset the
8-13     facility's excessive emissions.  To be eligible for a credit to
8-14     offset a facility's emissions, the emissions reduction project must
8-15     reduce emissions in the airshed, as defined by commission rule, in
8-16     which the facility is located.
8-17           (c)  The commission by rule shall provide that an emissions
8-18     reduction project must reduce net emissions from one or more
8-19     sources in this state in an amount and type sufficient to prevent
8-20     air pollution to a degree comparable to the amount of the reduction
8-21     in the facility's emissions that would be necessary to meet the
8-22     permit requirement.  Qualifying emissions reduction projects must
8-23     include:
8-24                 (1)  generation of electric energy by a low-emission
8-25     method, including:
8-26                       (A)  wind power;
 9-1                       (B)  biomass gasification power; and
 9-2                       (C)  solar power;
 9-3                 (2)  the purchase and destruction of high-emission
 9-4     automobiles or other mobile sources;
 9-5                 (3)  the reduction of emissions from a permitted
 9-6     facility that emits air contaminants to a level significantly below
 9-7     the levels necessary to comply with the facility's permit;
 9-8                 (4)  a carpooling or alternative transportation program
 9-9     for the owner's or operator's employees;
9-10                 (5)  a telecommuting program for the owner's or
9-11     operator's employees; and
9-12                 (6)  conversion of a motor vehicle fleet operated by
9-13     the owner or operator to a low-sulphur fuel or an alternative fuel
9-14     approved by the commission.
9-15           (d)  A permit issued under Section 382.0519 for a facility
9-16     participating in the program established under this section must be
9-17     conditioned on the successful and timely completion of the project
9-18     or projects for which the facility owner or operator acquires the
9-19     credits.
9-20           (e)  To renew the permit of a facility permitted under
9-21     Section 382.0519 with credits acquired under the program
9-22     established under this section, the commission shall require the
9-23     owner or operator of the facility to have:
9-24                 (1)  made equipment improvements and emissions
9-25     reductions necessary to meet the permit requirements under that
9-26     section for a new permit; or
 10-1                (2)  acquired additional credits under the program as
 10-2    necessary to meet the permit requirements under that section for a
 10-3    new permit.
 10-4          (f)  Emissions reduction credits acquired under the program
 10-5    established under this section are not transferrable.
 10-6          Sec. 382.05194.  MULTIPLE PLANT PERMIT.  (a)  The commission
 10-7    may issue a multiple plant permit for multiple plant sites that are
 10-8    owned or operated by the same person or persons under common
 10-9    control if the commission finds that:
10-10                (1)  the aggregate rate of emission of air contaminants
10-11    to be authorized under the permit does not exceed the total of:
10-12                      (A)  for previously permitted facilities, the
10-13    rates authorized in the existing permits; and
10-14                      (B)  for existing unpermitted facilities not
10-15    subject to the requirement to obtain a preconstruction
10-16    authorization under Section 382.0518(g) or for facilities
10-17    authorized under Section 382.0519, the rates that would be
10-18    authorized under Section 382.0519; and
10-19                (2)  there is no indication that the emissions from the
10-20    facilities will contravene the intent of this chapter, including
10-21    protection of the public's health and physical property.
10-22          (b)  A permit issued under this section may not authorize
10-23    emissions from any of the facilities authorized under the permit
10-24    that exceed the facility's highest historic annual rate or the
10-25    levels authorized in the facility's most recent permit.  In the
10-26    absence of records extending back to the original construction of
 11-1    the facility, best engineering judgment shall be used to
 11-2    demonstrate the facility's highest historic annual rate to the
 11-3    commission.
 11-4          (c)  Emissions control equipment previously installed at a
 11-5    facility permitted under this section may not be removed or
 11-6    disabled unless the action is undertaken to maintain or upgrade the
 11-7    control equipment or to otherwise reduce the impact of emissions
 11-8    authorized by the commission.
 11-9          (d)  The commission shall publish notice of a proposed
11-10    multiple plant permit for existing facilities in the Texas Register
11-11    and in one or more statewide or regional newspapers designated by
11-12    the commission by rule that will, in the commission's judgment,
11-13    provide reasonable notice throughout the state.  If the multiple
11-14    plant permit for existing facilities will be effective for only
11-15    part of the state, the notice shall be published in a newspaper of
11-16    general circulation in the area to be affected.  The commission by
11-17    rule may require additional notice to be given.  The notice must
11-18    include an invitation for written comments by the public to the
11-19    commission regarding the proposed multiple plant permit and must be
11-20    published not later than the 30th day before the date the
11-21    commission issues the multiple plant permit.
11-22          (e)  For existing facilities, the commission shall hold a
11-23    public meeting to provide an additional opportunity for public
11-24    comment.  The commission shall give notice of a public meeting
11-25    under this subsection as part of the notice described in Subsection
11-26    (d) not later than the 30th day before the date of the meeting.
 12-1          (f)  If the commission receives public comment related to the
 12-2    issuance of a multiple plant permit for existing facilities, the
 12-3    commission shall issue a written response to the comments at the
 12-4    same time the commission issues or denies the permit.  The response
 12-5    must be made available to the public, and the commission shall mail
 12-6    the response to each person who made a comment.
 12-7          (g)  The commission by rule shall establish the procedures
 12-8    for application and approval for the use of a multiple plant
 12-9    permit.
12-10          (h)  For a multiple plant permit that applies only to
12-11    existing facilities for which an application is filed before
12-12    September 1, 2001, the issuance, amendment, or revocation by the
12-13    commission of the permit is not subject to Chapter 2001, Government
12-14    Code.
12-15          (i)  The commission may adopt rules as necessary to implement
12-16    and administer this section and may delegate to the executive
12-17    director under Section 382.061 the authority to issue, amend, or
12-18    revoke a multiple plant permit.
12-19          Sec. 382.05195.  STANDARD PERMIT.  (a)  The commission may
12-20    issue a standard permit for new or existing similar facilities if
12-21    the commission finds that:
12-22                (1)  the standard permit is enforceable;
12-23                (2)  the commission can adequately monitor compliance
12-24    with the terms of the standard permit; and
12-25                (3)  for permit applications for facilities subject to
12-26    Sections 382.0518(a)-(d) filed before September 1, 2001, the
 13-1    facilities will use control technology at least as effective as
 13-2    that described in Section 382.0518(b).  For permit applications
 13-3    filed after August 31, 2001, all facilities permitted under this
 13-4    section will use control technology at least as effective as that
 13-5    described in Section 382.0518(b).
 13-6          (b)  The commission shall publish notice of a proposed
 13-7    standard permit in the Texas Register and in one or more statewide
 13-8    or regional newspapers designated by the commission by rule that
 13-9    will, in the commission's judgment, provide reasonable notice
13-10    throughout the state.  If the standard permit will be effective for
13-11    only part of the state, the notice shall be published in a
13-12    newspaper of general circulation in the area to be affected.  The
13-13    commission by rule may require additional notice to be given.  The
13-14    notice must include an invitation for written comments by the
13-15    public to the commission regarding the proposed standard permit and
13-16    must be published not later than the 30th day before the date the
13-17    commission issues the standard permit.
13-18          (c)  The commission shall hold a public meeting to provide an
13-19    additional opportunity for public comment.  The commission shall
13-20    give notice of a public meeting under this subsection as part of
13-21    the notice described in Subsection (b) not later than the 30th day
13-22    before the date of the meeting.
13-23          (d)  If the commission receives public comment related to the
13-24    issuance of a standard permit, the commission shall issue a written
13-25    response to the comments at the same time the commission issues or
13-26    denies the permit.  The response must be made available to the
 14-1    public, and the commission shall mail the response to each person
 14-2    who made a comment.
 14-3          (e)  The commission by rule shall establish procedures for
 14-4    the amendment of a standard permit and for an application for, the
 14-5    issuance of, the renewal of, and the revocation of an authorization
 14-6    to use a standard permit.
 14-7          (f)  A facility authorized to emit air contaminants under a
 14-8    standard permit shall comply with an amendment to the standard
 14-9    permit beginning on the date the facility's authorization to use
14-10    the standard permit is renewed or the date the commission otherwise
14-11    provides.  Before the date the facility is required to comply with
14-12    the amendment, the standard permit, as it read before the
14-13    amendment, applies to the facility.
14-14          (g)  The adoption or amendment of a standard permit or the
14-15    issuance, renewal, or revocation of an authorization to use a
14-16    standard permit is not subject to Chapter 2001, Government Code.
14-17          (h)  The commission may adopt rules as necessary to implement
14-18    and administer this section.
14-19          (i)  The commission may delegate to the executive director
14-20    the authority to issue, amend, renew, or revoke an authorization to
14-21    use a standard permit.
14-22          Sec. 382.05196.  PERMITS BY RULE.  (a)  Consistent with
14-23    Section 382.051, the commission may adopt permits by rule for
14-24    certain types of facilities if it is found on investigation that
14-25    the types of facilities will not make a significant contribution of
14-26    air contaminants to the atmosphere.  The commission may not adopt a
 15-1    permit by rule authorizing any facility defined as "major" under
 15-2    any applicable preconstruction permitting requirements of the
 15-3    federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or
 15-4    regulations adopted under that Act.  Nothing in this subsection
 15-5    shall be construed to limit the commission's general power to
 15-6    control the state's air quality under Section 382.011(a).
 15-7          (b)  The commission by rule shall specifically define the
 15-8    terms and conditions for a permit by rule under this section.
 15-9          SECTION 6.  Subsection (a), Section 382.057, Health and
15-10    Safety Code, is amended to read as follows:
15-11          (a)  Consistent with Section 382.0511, the commission by rule
15-12    may exempt from the requirements of Section 382.0518 changes within
15-13    any facility [and certain types of facilities] if it is found on
15-14    investigation that such changes [or types of facilities] will not
15-15    make a significant contribution of air contaminants to the
15-16    atmosphere.  The commission by rule shall exempt from the
15-17    requirements of Section 382.0518 or issue a standard permit for the
15-18    installation of emission control equipment that constitutes a
15-19    modification or a new facility, subject to such conditions
15-20    restricting the applicability of such exemption or standard permit
15-21    that the commission deems necessary to accomplish the intent of
15-22    this chapter.  The commission may not exempt [any facility or] any
15-23    modification of an existing facility defined as "major" under any
15-24    applicable preconstruction permitting requirements of the federal
15-25    Clean Air Act or regulations adopted under that Act.  Nothing in
15-26    this subsection shall be construed to limit the commission's
 16-1    general power to control the state's air quality under Section
 16-2    382.011(a).
 16-3          SECTION 7.  Section 382.058, Health and Safety Code, is
 16-4    amended to read as follows:
 16-5          Sec. 382.058.  PERMITS BY RULE OR STANDARD PERMITS
 16-6    [LIMITATION ON COMMISSION EXEMPTION] FOR CONSTRUCTION OF CERTAIN
 16-7    CONCRETE PLANTS.  (a)  A person may not begin construction on any
 16-8    concrete plant that performs wet batching, dry batching, or central
 16-9    mixing under a standard permit under Section 382.05195 or a permit
16-10    by rule [an exemption] adopted by the commission under Section
16-11    382.05196 [382.057] unless the person has complied with the notice
16-12    and opportunity for hearing provisions under Section 382.056.
16-13          (b)  This section does not apply to a concrete plant located
16-14    temporarily in the right-of-way, or contiguous to the right-of-way,
16-15    of a public works project.
16-16          (c)  For purposes of this section, only those persons
16-17    actually residing in a permanent residence within 440 yards of the
16-18    proposed plant may request a hearing under Section 382.056(d) as a
16-19    person who may be affected.
16-20          SECTION 8.  Subsection (b), Section 382.062, Health and
16-21    Safety Code, is amended to read as follows:
16-22          (b)  The commission may adopt rules relating to charging and
16-23    collecting a fee for an exemption, for [from] a permit, for a
16-24    permit by rule, for a voluntary emissions reduction permit, for a
16-25    multiple plant permit, or for a standard permit [authorized by
16-26    commission rule] and for a variance.
 17-1          SECTION 9.  Subsection (d), Section 382.0621, Health and
 17-2    Safety Code, is amended to read as follows:
 17-3          (d)  Except as provided by this section, the [The] commission
 17-4    may not impose a fee for any amount of emissions of an air
 17-5    contaminant regulated under the federal Clean Air Act Amendments of
 17-6    1990 (Pub.L. No. 101-549) in excess of 4,000 tons per year from any
 17-7    source.  On and after September 1, 2001, for a facility that is not
 17-8    subject to the requirement to obtain a permit under Section
 17-9    382.0518(g) that does not have a permit application pending, the
17-10    commission shall:
17-11                (1)  impose a fee under this section for all emissions,
17-12    including emissions in excess of 4,000 tons; and
17-13                (2)  treble the amount of the fee imposed for emissions
17-14    in excess of 4,000 tons each fiscal year.
17-15          SECTION 10.  The Texas Natural Resource Conservation
17-16    Commission shall adopt, as soon as practicable after the effective
17-17    date of this Act, any rules necessary to implement the changes in
17-18    law made by this Act.
17-19          SECTION 11.  Not later than January 15, 2001, the Texas
17-20    Natural Resource Conservation Commission shall prepare and
17-21    distribute to the governor, the lieutenant governor, the speaker of
17-22    the house of representatives, the chair of the Senate Committee on
17-23    Natural Resources, and the chair of the House Committee on
17-24    Environmental Regulation a report on the number of companies that
17-25    have obtained or applied for a permit under Section 382.0519,
17-26    Health and Safety Code, as added by this Act, and the reductions in
 18-1    emissions anticipated to result from issuance of such permits.
 18-2          SECTION 12.  (a)  The Texas Natural Resource Conservation
 18-3    Commission may not initiate an enforcement action against a person
 18-4    for the failure to obtain a preconstruction permit under Section
 18-5    382.0518, Health and Safety Code, or a rule adopted or order issued
 18-6    by the commission under that section, that is related to the
 18-7    modification of a facility that may emit air contaminants if, on or
 18-8    before August 31, 2001, the person files an application for a
 18-9    permit for the facility under Section 382.0519, Health and Safety
18-10    Code, as added by this Act.
18-11          (b)  This section does not apply to an act related to the
18-12    modification of a facility that occurs after March 1, 1999.
18-13          SECTION 13.  If S.B. No. 7, Acts of the 76th Legislature,
18-14    Regular Session, 1999, is enacted and becomes law, to the extent
18-15    that any provision of law amended by this Act conflicts with a
18-16    provision of S.B. No. 7 that specifically relates to air
18-17    contaminant emissions, the provision of S.B. No. 7 prevails,
18-18    irrespective of the relative dates of enactment.
18-19          SECTION 14.  The importance of this legislation and the
18-20    crowded condition of the calendars in both houses create an
18-21    emergency and an imperative public necessity that the
18-22    constitutional rule requiring bills to be read on three several
18-23    days in each house be suspended, and this rule is hereby suspended,
18-24    and that this Act take effect and be in force from and after its
18-25    passage, and it is so enacted.
                                                                S.B. No. 766
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 766 passed the Senate on
         April 13, 1999, by the following vote:  Yeas 23, Nays 7;
         May 28, 1999, Senate refused to concur in House amendments and
         requested appointment of Conference Committee; May 29, 1999, House
         granted request of the Senate; May 30, 1999, Senate adopted
         Conference Committee Report by the following vote:  Yeas 22,
         Nays 7.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 766 passed the House, with
         amendments, on May 26, 1999, by a non-record vote; May 29, 1999,
         House granted request of the Senate for appointment of Conference
         Committee; May 30, 1999, House adopted Conference Committee Report
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor