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By:  Lucio                                                        S.B. No. 738


A BILL TO BE ENTITLED

AN ACT

relating to emergency order authority of the Texas Commission on 
Environmental Quality.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.515, Water Code, is amended to read as 
follows:        
	Sec. 5.515.  EMERGENCY ORDER BECAUSE OF CATASTROPHE.  
(a)  The commission may issue an emergency order authorizing 
immediate action for the addition, replacement, or repair of 
facilities or control equipment necessitated by a catastrophe 
occurring in this state and the emission of air contaminants during 
the addition, replacement, or repair of those facilities if the 
actions and emissions are otherwise precluded under Chapter 382, 
Health and Safety Code.
	(b)  An order issued under this section:                                       
		(1)  may authorize action only [on]:                         
			(A)  on property on which a catastrophe has 
occurred; [or]
			(B)  on other property that is owned by the owner 
or operator of the damaged facility and that produces the same 
intermediates, products, or by-products; or
			(C)  for public works projects needed to rebuild 
or repair damaged roads, bridges, or other infrastructure destroyed 
during a catastrophe; and
		(2)  must contain a schedule for submitting a complete 
application for a permit under Section 382.0518, Health and Safety 
Code.
	(c)  The person applying for an emergency order must 
demonstrate that there will be no more than a de minimis increase in 
the predicted concentration of air contaminants at or beyond the 
property line of the other property on which action is authorized 
under Subsection (b)(1)(B).  The commission shall review and act on 
an application submitted as provided by Subsection (b)(2) without 
regard to construction activity under an order under this section.
	(d)  An applicant desiring an emergency order under this 
section must submit an application under Section 5.502 that, in 
addition to complying with that section:
		(1)  describes the catastrophe;                                               
		(2)  states that:                                                             
			(A)  the construction and emissions are essential 
to prevent loss of life, serious injury, severe property damage, 
loss of a critical transportation thoroughfare, or severe economic 
loss not attributable to the applicant's actions and are necessary 
for the addition, replacement, or repair of a facility or control 
equipment, or repair or replacement of roads, bridges, or other 
infrastructure, necessitated by the catastrophe;
			(B)  there is no practicable alternative to the 
proposed construction and emissions; and
			(C)  the emissions will not cause or contribute to 
air pollution;          
		(3)  estimates the dates on which the proposed 
construction or emissions, or both, will begin and end;
		(4)  estimates the date on which the facility will 
begin operation; and     
		(5)  describes the quantity and type of air 
contaminants proposed to be emitted.
	(e)  In this section, "catastrophe" means an unforeseen 
event, including an act of God, an act of war, severe weather, 
explosions, fire, or similar occurrences beyond the reasonable 
control of the applicant [operator], that makes a facility or its 
related appurtenances, or a road, bridge, or other infrastructure, 
inoperable.
	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.