This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Barrientos                                                   S.B. No. 123
	(In the Senate - Filed December 17, 2004; February 1, 2005, 
read first time and referred to Committee on Natural Resources; 
April 6, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; April 6, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 123                                    By:  Barrientos


A BILL TO BE ENTITLED

AN ACT


relating to air quality control measures proposed pursuant to an 
early action compact.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.0173 to read as follows:
	Sec. 382.0173.  AREAS SUBJECT TO EARLY ACTION COMPACTS.  
(a)  In this section:
		(1)  "Early action compact" has the meaning assigned by 
Section 382.301.
		(2)  "Nonattainment area" means an area so designated 
under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 
7407).
		(3)  "Participating county" has the meaning assigned by 
Section 382.301.
	(b)  The commission shall:                                              
		(1)  consider the implementation of each air quality 
control measure proposed in an early action plan submitted to the 
commission pursuant to an early action compact;
		(2)  authorize or implement each submitted air quality 
control measure that the commission determines is reasonably 
necessary to ensure attainment of the eight-hour ozone national 
ambient air quality standard and prevent a nonattainment 
designation in a participating county, including any measure that 
could be authorized or implemented in a nonattainment area; and
		(3)  in authorizing or implementing a submitted air 
quality control measure, consider reasonable margins included in a 
submitted early action plan that allow for population and 
industrial growth, weather events, and scientifically accepted 
margins of error in data and modeling.
	(c)  The commission shall authorize or implement any 
subsequent revision to a submitted early action plan that directly 
affects or requires action of a significant portion of the general 
population of a participating county only if the governing bodies 
of both the participating county and the most populous municipality 
that has a majority of the municipality's residents residing in the 
participating county request or consent to the measure as part of an 
early action plan.
	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.



* * * * *