86R11151 SLB-F
By: Creighton S.B. No. 1501
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 commission 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.
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 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, 2019.