By: Vaught H.B. No. 4384 A BILL TO BE ENTITLED AN ACT relating to a temporary moratorium on authorizations for certain coal-fired or petroleum coke-fired electric generating facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) Until the second anniversary of the effective date of this Act, the Texas Commission on Environmental Quality, a municipality, or a county may not accept an application for or issue a permit, permit amendment, license, variance, or other authorization for or in connection with the construction of a new coal-fired or petroleum coke-fired electric generating facility. (b) This section applies to the issuance of a permit, permit amendment, license, variance, or other authorization regardless of whether the application for the authorization is pending on the effective date of this Act. (c) This section does not apply to the construction of a new electric generating facility if at least 60 percent of the carbon dioxide generated by the facility will be captured and sequestered in a geological formation. SECTION 2. 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, 2009.