86R22150 SLB-F
 
  By: Kuempel H.B. No. 2726
 
  Substitute the following for H.B. No. 2726:
 
  By:  Lozano C.S.H.B. No. 2726
 
 
 
A BILL TO BE ENTITLED
 
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, 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)  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.