Tex. Health & Safety Code § 382.602

An owner or operator of a facility operating under a new source review permit issued under this chapter that authorizes the operation of a portland cement kiln, or the production of aggregates at an aggregate production operation, is not liable for damages to a semiconductor wafer manufacturing facility resulting from seismic or vibrational disturbances caused by the cement or aggregate production facility owner's or operator's activities on the site of the cement or aggregate production facility if the cement or aggregate production facility began operating before the date the semiconductor wafer manufacturing facility began operating.