Tex. Health & Safety Code § 382.05183 · Subchapter C. PERMITS
EXISTING FACILITY PERMIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The owner or operator of a facility affected by Section 382.0518(g) may apply for a permit to operate the facility under this section.
(b) The commission shall grant a permit under this section if, from the information available to the commission, the commission finds that the facility will use a control method at least as beneficial as that described by Section 382.003(9)(E)(ii), considering the age and the remaining useful life of the facility.
(c) The commission may issue an existing facility flexible permit for some or all of the facilities at a site affected by Section 382.0518(g) and facilities permitted under Section 382.0519 in order to implement the requirements of this section. Permits issued under this subsection shall follow the same permit issuance, modification, and renewal procedures as existing facility permits.
(d) If the commission finds that the emissions from the facility will contravene the standards under Subsection (b) or the intent of this chapter, including protection of the public's health and physical property, the commission may not grant the permit under this section.
(e) A person planning the modification of a facility previously permitted under this section must comply with Section 382.0518 before modifying.
(f) The commission may adopt rules as necessary to implement and administer this section.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.03, eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.382.htm
- Text hash
- sha256 58863667081bd020a2fa5639729e871e7929bb73ccf57bd2d74247ceba29ae5e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 382.05183. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 382.051PERMITTING AUTHORITY OF COMMISSION; RULES.Printed as Section 382.05183
- Tex. Health & Safety Code § 382.05191EMISSIONS REDUCTION PERMITS: NOTICE AND HEARING.Printed as Section 382.05183, 382.05185(c)
- Tex. Health & Safety Code § 382.05192REVIEW AND RENEWAL OF EMISSIONS REDUCTION AND MULTIPLE PLANT PERMITS.Printed as Section 382.05183, 382.05185(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.