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79R1579 JTS-D

By:  Rodriguez                                                    H.B. No. 911



A BILL TO BE ENTITLED

AN ACT

relating to operating permit fees for air pollutant emissions.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.0621(d),  Health and Safety Code, is 
amended to read as follows:
	(d)  Except as provided by this section, the commission may 
not impose a fee for any amount of emissions of an air contaminant 
regulated under the federal Clean Air Act Amendments of 1990 
(Pub.L. No. 101-549) in excess of 8,000 [4,000] tons per year from 
any source.  [On and after September 1, 2001, for a facility that is 
not subject to the requirement to obtain a permit under Section 
382.0518(g) that does not have a permit application pending, the 
commission shall:
		[(1)  impose a fee under this section for all 
emissions, including emissions in excess of 4,000 tons; and
		[(2)  treble the amount of the fee imposed for 
emissions in excess of 4,000 tons each fiscal year.]
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.