1. (a) The commission may not grant a construction permit for a lead smelting plant at a site:

   1. (1) located within 3,000 feet of an individual's residence; and
   2. (2) at which lead smelting operations have not been conducted before August 31, 1987.

2. (b) This section does not apply to:

   1. (1) a modification of a lead smelting plant in operation on August 31, 1987;
   2. (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. (3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence.
3. (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.