(a) To the extent permissible under federal law, notwithstanding § 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.

Terms Used In Texas Health and Safety Code 382.004

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005

(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.

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