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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, and except as provided |
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by Subsection (c), a person who submits an application for a permit |
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amendment [for a modification of or a lesser change to an existing
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facility under this subtitle] may, at the person's own risk, begin |
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construction related to the application after the executive |
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director has issued a draft permit including the permit amendment |
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[the application is submitted and before the commission has issued
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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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(c) A person may not begin construction under this section |
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if the facility that is the subject of the permit amendment is a |
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concrete batch plant located within 880 yards of a property that is |
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used as a residence. |
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(d) The commission shall adopt rules to implement this |
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section. |
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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 January 1, 2020. |