1-1     By:  Geren (Senate Sponsor - Lucio)                   H.B. No. 3040
 1-2           (In the Senate - Received from the House May 3, 2001;
 1-3     May 4, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to air pollutant emissions permitting requirements for
 1-9     shipyard facilities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter C, Chapter 382, Health and Safety Code,
1-12     is amended by adding Section 382.065 to read as follows:
1-13           Sec. 382.065.  SHIPYARD FACILITIES. (a)  In this section,
1-14     "shipyard" means a shipbuilding or ship repair operation.
1-15           (b)  In determining whether to issue, or in conducting a
1-16     review of, a permit or other authorization issued or adopted under
1-17     this chapter for a shipyard, the commission:
1-18                 (1)  may not require and may not consider air
1-19     dispersion modeling results predicting ambient concentrations of
1-20     noncriteria pollutants over coastal waters of the state; and
1-21                 (2)  shall determine compliance with noncriteria
1-22     ambient air pollutant standards and guidelines according to the
1-23     land-based off-property concentrations of air contaminants.
1-24           (c)  This section does not limit the commission's authority
1-25     to take an enforcement action in response to a condition that
1-26     constitutes a nuisance.
1-27           SECTION 2. This Act takes effect September 1, 2001, and
1-28     applies to a permit or authorization issued under Chapter 382,
1-29     Health and Safety Code, on, before, or after that date and to
1-30     applications for such a permit or authorization filed on, before,
1-31     or after that date.
1-32                                  * * * * *