H.B. No. 2726
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2726 was passed by the House on May 7,
  2019, by the following vote:  Yeas 102, Nays 46, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2726 on May 23, 2019, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2726 on May 26, 2019, by the following vote:  Yeas 113,
  Nays 30, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2726 was passed by the Senate, with
  amendments, on May 20, 2019, by the following vote:  Yeas 21, Nays
  10; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2726 on May 26, 2019, by the following vote:  Yeas 20, Nays 11.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor