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.