Health and Safety Code § 382.053

Sec. 382.053. PROHIBITION ON ISSUANCE OF CONSTRUCTION PERMIT FOR LEAD SMELTING PLANT AT CERTAIN LOCATIONS. (a) The commission may not grant a construction permit for a lead smelting plant at a site: (1) located within 3,000 feet of an individual's residence; and (2) at which lead smelting operations have not been conducted before August 31, 1987. (b) This section does not apply to: (1) a modification of a lead smelting plant in operation on August 31, 1987; (2) a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour; or (3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence. (c) In this section, "lead smelting plant" means a facility operated as a smeltery for processing lead. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.164, eff. Sept. 1, 1995.