Bill Text: TX HB2726 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective on 1/1/20 [HB2726 Detail]

Download: Texas-2019-HB2726-Engrossed.html

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By: Kuempel H.B. No. 2726

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, and except as provided
by Subsection (c), 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 executive
director 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.
(c) A person may not begin construction under this section
if the facility that is the subject of the permit amendment is a
concrete batch plant located within 880 yards of a property that is
used as a residence.
(d) The commission shall adopt rules to implement this
section.
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 January 1, 2020.