By: Staples S.B. No. 1740
A BILL TO BE ENTITLED
AN ACT
relating to construction activities allowed while an application is
pending with the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 382, Health and Safety
Code, is amended by adding Section 382.004 to read as follows:
Sec. 382.004. CONSTRUCTION WHILE PERMIT APPLICATION
PENDING. (a) Notwithstanding Sec. 385.0518, a person who submits
an application for a permit to modify an existing facility under
this subtitle may, at the person's own risk, begin construction
related to the application after the application is submitted and
before the commission has issued the permit.
(b) The commission may not consider construction begun
under this section in determining whether to grant the permit
modification sought in the application.
SECTION 2. Section 382.004, Health and Safety Code, as
added by this Act, apply only to an application for a permit issued
by the Texas Commission on Environmental Quality that is submitted
to the commission on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.