| |
| |
| |
|
|
AN ACT
|
|
|
relating to the commencement of construction of a project following |
|
|
the issuance of a draft permit for a permit amendment to an air |
|
|
quality permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 382.004, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 382.004. CONSTRUCTION WHILE PERMIT AMENDMENT |
|
|
APPLICATION PENDING. (a) To the extent permissible under federal |
|
|
law, [and] notwithstanding Section 382.0518, and except as provided |
|
|
by Subsection (c), a person who submits an application for a permit |
|
|
amendment [for a modification of or a lesser change to an existing
|
|
|
facility under this subtitle] may, at the person's own risk, begin |
|
|
construction related to the application after the executive |
|
|
director has issued a draft permit including the permit amendment |
|
|
[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 |
|
|
amendment sought in the application. |
|
|
(c) A person may not begin construction under this section |
|
|
if the facility that is the subject of the permit amendment is a |
|
|
concrete batch plant located within 880 yards of a property that is |
|
|
used as a residence. |
|
|
(d) The commission shall adopt rules to implement this |
|
|
section. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an application for a permit amendment filed with the Texas |
|
|
Commission on Environmental Quality on or after the effective date |
|
|
of this Act. An application for a permit amendment filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date of filing, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect January 1, 2020. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2726 was passed by the House on May 7, |
|
|
2019, by the following vote: Yeas 102, Nays 46, 1 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 2726 on May 23, 2019, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 2726 on May 26, 2019, by the following vote: Yeas 113, |
|
|
Nays 30, 1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2726 was passed by the Senate, with |
|
|
amendments, on May 20, 2019, by the following vote: Yeas 21, Nays |
|
|
10; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
2726 on May 26, 2019, by the following vote: Yeas 20, Nays 11. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |