By Harris                                              S.B. No. 889
         76R5213 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to air quality standards for certain airports.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 382.039(a), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (a)  The commission shall coordinate with federal, state, and
 1-7     local transportation planning agencies and joint boards as defined
 1-8     by Section 382.0391 to develop and implement transportation
 1-9     programs and other measures necessary to demonstrate and maintain
1-10     attainment of national ambient air quality standards and to protect
1-11     the public from exposure to hazardous air contaminants from motor
1-12     vehicles.
1-13           SECTION 2.  Subchapter B, Chapter 382, Health and Safety
1-14     Code, is amended by adding Section 382.0391 to read as follows:
1-15           Sec. 382.0391.  ATTAINMENT PROGRAMS FOR CERTAIN AIRPORTS.
1-16     (a)  In this section:
1-17                 (1)  "Joint board" means a board created under Section
1-18     22.074, Transportation Code, by a populous home-rule municipality.
1-19                 (2)  "Populous  home-rule municipality" has the meaning
1-20     assigned by Section 22.071, Transportation Code.
1-21           (b)  This section applies only to an airport operated by a
1-22     joint board.
1-23           (c)  In developing and implementing an attainment program
1-24     under Section 382.039, the commission shall ensure that compliance
 2-1     with conformity requirements established by commission rules may be
 2-2     achieved without an offset for emissions from a source that is not
 2-3     owned or directly controlled by the joint board, including a source
 2-4     operated by a person under a contract with the joint board.
 2-5           (d)  This section does not limit the commission's authority
 2-6     to:
 2-7                 (1)  enforce state or federal new source review
 2-8     permitting requirements for a nonattainment area; or
 2-9                 (2)  accept an  emission offset voluntarily offered by
2-10     a joint board to assist in the demonstration of conformity under a
2-11     commission rule.
2-12           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-13           (b)  This Act applies to an action for which a conformity
2-14     demonstration is pending on the effective date of this Act.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.