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Amend CSHB 3011 by adding the following section:                             
	SECTION ____.  Subsection (a), Section 217.042, Local 
Government Code, is amended to read as follows:

	(a)  The municipality may define and prohibit any nuisance 
within the limits of the municipality and, for a nuisance the 
definition of which does not address levels of emissions authorized 
in an air permit issued by the Texas Commission on Environmental 
Quality, within 5,000 feet outside the limits.
	SECTION 2.  Section 382.113, Health and Safety Code, is 
amended to read as follows:
	Sec. 382.113.  AUTHORITY OF MUNICIPALITIES.  (a)  Subject to 
Section 381.002, a municipality has the powers and rights as are 
otherwise vested by law in the municipality to:
		(1)  abate a nuisance; and                                                    
		(2)  enact and enforce an ordinance for the control and 
abatement of air pollution, or any other ordinance, not 
inconsistent with this chapter or the commission's rules, permits,
or orders.
	(b)  An ordinance enacted by a municipality:                            
		(1) must be consistent with this chapter and the 
commission's rules, permits, and orders;
		(2)  [and] may not make unlawful a condition or act 
approved or authorized under this chapter or the commission's 
rules, permits, or orders; and
		(3)  does not apply outside the corporate limits of the 
municipality.
	SECTION 3.  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, 2007.