Texas Attorney General Opinion: H-981 Page: 2 of 4
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The Honorable Charles Barden - page. 2
Sections 3.27 and 3.28 of the Texas Clean Air Act require
persons constructing new facilities or modifying existing
facilities to apply for and receive construction and operating
permits from the Board if those facilities may emit air con-
taminants into the air of this state. The Act defines a new
source in Section 1.03(8) as:
[A]ny stationary source, the construction
or modification of which is commenced after
the effective date of this statute. . .
Section 3.27(b) requires an applicant to submit, with his
application for a construction permit, plans and specifications
to enable the Board to determine whether the proposed con-
struction will comply with the applicable air control standards
and the intent of the Texas Clean Air Act. Section 3.27(c)
provides as follows:
If the board finds that the emissions from
the proposed facility will contravene these
standards or will contravene the intent of
the Texas Clean Air Act, it shall not grant
the permit.
Similar provisions appear in Section 3.28. Section 3.28(b)
provides as follows:
When all stipulations of the construction per-
mit are met and the operation of the facility
will not contravene air pollution control
standards set by the board or will not contra-
vene the intent of the Texas Clean Air Act, the
board shall issue within a reasonable time the
operating permit.
Your first question is whether section 3.21 applies to
permits issued pursuant to sections 3.27 and 3.28. Section
3.21 was a part of the original 1967 act whereas sections
3.27 and 3.28 were enacted in 1971. Generally, an amendment
is construed in harmony with existing provisions of the act
amended; the provisions operate naturally upon each other.
Schlichting v. Texas State Board of Medical Examiners, 310
S.W.2d 557 (Tex. 1958); American Surety Co. of New York v.
AxtellCo., 36 S.W.2d 715 (Tex. 1931). Of course, this
principle applies only when there is no conflict between the
amendment and the existing provisions. In our view there isp. 4085
(H-981)
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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/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.