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A BILL TO BE ENTITLED
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AN ACT
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relating to the commencement of construction of a project following |
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the issuance of a draft permit for a permit amendment to an air |
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quality permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.004. CONSTRUCTION WHILE PERMIT AMENDMENT |
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APPLICATION PENDING. (a) To the extent permissible under federal |
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law and notwithstanding Section 382.0518, a person who submits an |
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application for a permit amendment [for a modification of or a
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lesser change to an existing facility under this subtitle] may, at |
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the person's own risk, begin construction related to the |
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application after the commission has issued a draft permit |
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including the permit amendment [the application is submitted and
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before the commission has issued the permit]. |
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(b) The commission may not consider construction begun |
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under this section in determining whether to grant the permit |
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amendment sought in the application. |
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SECTION 2. The changes in law made by this Act apply only to |
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an application for a permit amendment filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for a permit amendment filed before the |
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effective date of this Act is governed by the law in effect on the |
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date of filing, and that law is continued in effect for that |
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purpose. |
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SECTION 3. 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, 2019. |