Texas Attorney General Opinion: H-981 Page: 1 of 4
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THE ATTORNEY GENERAL
OF TEXAS
("9"4 AuCsI. Ts 78711
JOHN L. HILL
ATTOwYR CEnZrwA April 18, 1977
The Honorable Charles Barden Opinion No. H-981
Executive Director
Texas Air Control Board Re:' Authority of the Air
8520 Shoal Creek Boulevard Control Board to grant
Austin, Texas 78758 variances under the Clean
Air Act.
Dear Mr. Barden:
You have requested our opinion concerning various sections
of the Texas Clean Air Act, V.T.C.S., art. 4477-5. Your questions
are:
(1) Whether the Texas Air Control Board can grant
variances from the requirements of Sections
3.27 and 3.28 of the Texas Clean Air Act and
Texas Air Control Board Regulation VI for a
new facility.
(2) Whether requiring a "new source" to comply with
the permit requirements of the Texas Clean Air
Act and the Board's regulations can result in
an arbitrary or unreasonable taking of property,
or in the practical closing and elimination of
any lawful business, occupation or activity.
Section 3.21 of the Act provides:
The board may grant individual variances
beyond the limitations prescribed in this Act
or in the rules and regulations of the board
whenever it is found, upon presentation of
adequate proof, that compliance with any pro-
vision of this Act, or any rule or regulation
of the board, will result in an arbitrary
and unreasonable taking of property, or in
the practical closing and elimination of any
lawful business, occupation or activity, in
either case without sufficient corresponding
benefit or advantage to the people.p. 4084
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-981, text, April 18, 1977; (https://texashistory.unt.edu/ark:/67531/metapth271506/m1/1/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.