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A BILL TO BE ENTITLED
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AN ACT
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relating to a temporary moratorium on authorizations for certain |
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coal-fired electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section, "modification of existing |
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facility" has the meaning assigned by Section 382.003, Health and |
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Safety Code. |
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(b) Until the second anniversary of the effective date of |
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this Act, the Texas Commission on Environmental Quality, a |
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municipality, or a county may not accept an application for, issue, |
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or renew a permit, permit amendment, license, variance, or other |
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authorization for or in connection with: |
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(1) the construction of a new coal-fired electric |
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generating facility; or |
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(2) the modification of an existing coal-fired |
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electric generating facility. |
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(c) This section applies to the issuance or renewal of a |
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permit, permit amendment, license, variance, or other |
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authorization regardless of whether the application for the |
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authorization is pending on the effective date of this Act. |
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(d) This section does not apply to the construction of a new |
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electric generating facility the carbon dioxide generated by which |
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will be captured and sequestered in a geological formation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |