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                                                                  S.B. No. 1740




AN ACT

relating to permits issued by the Texas Commission on Environmental 
Quality for certain construction activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.004 to read as follows:
	Sec. 382.004.  CONSTRUCTION WHILE PERMIT APPLICATION 
PENDING.  (a)  To the extent permissible under federal law and 
notwithstanding Section 382.0518, a person who submits an 
application for a permit 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 
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 
sought in the application.
	SECTION 2.  Section 382.05195, Health and Safety Code, is 
amended by adding Subsection (j) to read as follows:
	(j)  If a standard permit for a facility requires a distance, 
setback, or buffer from other property or structures as a condition 
of the permit, the determination of whether the distance, setback, 
or buffer is satisfied shall be made on the basis of conditions 
existing at the earlier of:
		(1)  the date new construction, expansion, or 
modification of a facility begins; or
		(2)  the date any application or notice of intent is 
first filed with the commission to obtain approval for the 
construction or operation of the facility.
	SECTION 3.  Section 382.004, Health and Safety Code, as 
added by this Act, applies only to an application for a permit 
issued by the Texas Commission on Environmental Quality that is 
submitted to the commission on or after the effective date of this 
Act.  An application submitted before the effective date of this Act 
is governed by the law in effect on the date the application was 
submitted and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1740 passed the Senate on 
April 26, 2005, by the following vote:  Yeas 27, Nays 0; and that 
the Senate concurred in House amendments on May 27, 2005, by the 
following vote:  Yeas 29, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1740 passed the House, with 
amendments, on May 25, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor