Sec. 382.004. CONSTRUCTION WHILE PERMIT AMENDMENT APPLICATION PENDING. (a) To the extent permissible under federal law, notwithstanding Section 382.0518, and except as provided by Subsection (c), a person who submits an application for a permit amendment 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.
(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.
Added by Acts 2005, 79th Leg., Ch. 422 (S.B. 1740), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1134 (H.B. 2726), Sec. 1, eff. January 1, 2020.
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