| 1 | 1 | | 86R11151 SLB-F |
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| 2 | 2 | | By: Creighton S.B. No. 1501 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the commencement of construction of a project following |
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| 8 | 8 | | the issuance of a draft permit for a permit amendment to an air |
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| 9 | 9 | | quality permit. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 382.004, Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 382.004. CONSTRUCTION WHILE PERMIT AMENDMENT |
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| 14 | 14 | | APPLICATION PENDING. (a) To the extent permissible under federal |
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| 15 | 15 | | law and notwithstanding Section 382.0518, a person who submits an |
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| 16 | 16 | | application for a permit amendment [for a modification of or a |
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| 17 | 17 | | lesser change to an existing facility under this subtitle] may, at |
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| 18 | 18 | | the person's own risk, begin construction related to the |
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| 19 | 19 | | application after the commission has issued a draft permit |
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| 20 | 20 | | including the permit amendment [the application is submitted and |
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| 21 | 21 | | before the commission has issued the permit]. |
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| 22 | 22 | | (b) The commission may not consider construction begun |
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| 23 | 23 | | under this section in determining whether to grant the permit |
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| 24 | 24 | | amendment sought in the application. |
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| 25 | 25 | | SECTION 2. The changes in law made by this Act apply only to |
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| 26 | 26 | | an application for a permit amendment filed with the Texas |
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| 27 | 27 | | Commission on Environmental Quality on or after the effective date |
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| 28 | 28 | | of this Act. An application for a permit amendment filed before the |
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| 29 | 29 | | effective date of this Act is governed by the law in effect on the |
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| 30 | 30 | | date of filing, and that law is continued in effect for that |
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| 31 | 31 | | purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2019. |
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