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79R4565 SGA-D
By: Mowery H.B. No. 1880
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of permits affecting air quality and
notification of certain local officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.05162 to read as follows:
Sec. 382.05162. NOTICE TO CERTAIN LOCAL OFFICIALS. (a) On
receiving an application for a construction permit or an amendment
to a construction permit, a special permit, or an operating permit
for a facility that may emit air contaminants and that is located or
planned to be located in a nonattainment area of this state as
designated under Section 107(d) of the federal Clean Air Act (42
U.S.C. Section 7407), the commission shall send notice of the
application to:
(1) the county commissioners of the county in which
the facility is or is planned to be located; and
(2) each member of the governing body of each
municipality with a population of 100,000 or more that is located in
the county in which the facility is or is planned to be located.
(b) The commission may send the notice required under
Subsection (a) electronically.
SECTION 2. Section 382.05162, Health and Safety Code, as
added by this Act, applies only to an application for a permit under
Chapter 382, Health and Safety Code, received by the Texas
Commission on Environmental Quality on or after the effective date
of this Act. An application for a permit received before the
effective date of this Act is governed by the law in effect on the
date the application was received and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.