Texas Agriculture Code Title 9, Chapter 301 - Weather Modification And Control

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B POWERS AND DUTIES OF TEXAS DEPARTMENT OF LICENSING AND REGULATION

• Texas Section 301.001 - Definitions
  In this chapter: (1) "Executive director" means the executive director of the Texas Department of Licensing and Regulation. (2) "Operation" means the performance of weather...
• Texas Section 301.051 - Rules
  The Texas Department of Licensing and Regulation may adopt rules necessary to: (1) exercise the powers and perform the duties under this chapter; (2) establish...
• Texas Section 301.052 - Studies; Investigations; Hearings
  The Texas Department of Licensing and Regulation may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer...
• Texas Section 301.053 - Advisory Committees
  The Texas Department of Licensing and Regulation may establish advisory committees to advise the Texas Department of Licensing and Regulation and to make recommendations to...
• Texas Section 301.054 - Personnel
  The executive director may, as provided by the General Appropriations Act, appoint and fix the compensation of any personnel, including specialists and consultants, necessary to...
• Texas Section 301.055 - Materials And Equipment
  The Texas Department of Licensing and Regulation may acquire in the manner provided by law any materials, equipment, and facilities necessary to the performance of...
• Texas Section 301.056 - Interstate Compacts
  The executive director may represent the state in matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control. Added...
• Texas Section 301.057 - Contracts And Cooperative Agreements
  (a) The Texas Department of Licensing and Regulation may cooperate with public or private agencies to promote the purposes of this chapter. (b) The Texas...
• Texas Section 301.058 - Promotion Of Research And Development
  (a) In order to assist in expanding the theoretical and practical knowledge of weather modification and control, the Texas Department of Licensing and Regulation shall...
• Texas Section 301.059 - Grants And Gifts
  Subject to any limitations imposed by law, the Texas Department of Licensing and Regulation may accept federal grants, private gifts, and donations from any other...

SUBCHAPTER C LICENSES AND PERMITS

• Texas Section 301.060 - Disposition Of License And Permit Fees
  The Texas Department of Licensing and Regulation shall deposit all license and permit fees in the state treasury. Added by Acts 2003, 78th Leg., ch....
• Texas Section 301.101 - License And Permit Required
  Except as provided by rule of the Texas Department of Licensing and Regulation under Section 301.102, a person may not engage in activities for weather...
• Texas Section 301.102 - Exemptions
  (a) The Texas Department of Licensing and Regulation by rule, to the extent it considers exemptions practical, shall provide for exempting the following activities from...
• Texas Section 301.103 - Issuance Of License
  (a) The Texas Department of Licensing and Regulation, in accordance with the rules adopted under this chapter, shall issue a weather modification license to each...
• Texas Section 301.105 - Expiration Date
  Each original or renewal license expires at the end of the state fiscal year for which it was issued. Added by Acts 2003, 78th Leg.,...
• Texas Section 301.106 - Renewal License
  At the expiration of the license period, the Texas Department of Licensing and Regulation shall issue a renewal license to each applicant who pays the...
• Texas Section 301.107 - Issuance Of Permit
  (a) The Texas Department of Licensing and Regulation, in accordance with the rules adopted under this chapter and on a finding that the weather modification...
• Texas Section 301.109 - Scope Of Permit
  A separate permit is required for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract....
• Texas Section 301.110 - Application And Notice Of Intention
  Before undertaking any operation, a license holder must file an application for a permit and have a notice of intention published as required by this...
• Texas Section 301.111 - Content Of Notice
  In the notice of intention, the applicant must include: (1) the name and address of the license holder; (2) the nature and object of the...
• Texas Section 301.112 - Publication Of Notice
  The notice of intention required under Section 301.110 must be published at least once a week for three consecutive weeks in a newspaper of general...
• Texas Section 301.113 - Proof Of Publication; Affidavit
  The applicant shall file proof of the publication, together with the publishers' affidavits, with the Texas Department of Licensing and Regulation during the 15-day period...
• Texas Section 301.114 - Proof Of Financial Responsibility
  Proof of financial responsibility is made by showing to the satisfaction of the Texas Department of Licensing and Regulation that the license holder has the...
• Texas Section 301.115 - Modification Of Permit
  The Texas Department of Licensing and Regulation may modify the terms and conditions of a permit if: (1) the license holder is first given notice...
• Texas Section 301.116 - Scope Of Activity
  Once a permit is issued, the license holder shall confine the license holder's activities substantially within the limits of time and area specified in the...

SUBCHAPTER D ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES AUTHORIZATION FOR HAIL SUPPRESSION

• Texas Section 301.117 - Records And Reports
  (a) A license holder shall keep a record of each operation conducted under a permit, showing: (1) the method employed; (2) the type of equipment...
• Texas Section 301.151 - Definitions
  (a) In this subchapter: (1) "Operational area" means that area that joins the target area and is reasonably necessary to use in order to effectuate...
• Texas Section 301.152 - Operational Area
  (a) No part of an operational area may be more than eight miles from the limits of the target area. (b) The operational area must...
• Texas Section 301.153 - Date Of Permit Issuance; Permit Area
  A permit may not be issued by the Texas Department of Licensing and Regulation before the end of the 30-day period immediately following the first...
• Texas Section 301.154 - Eligible Voters
  (a) Persons eligible to vote in elections held under this subchapter include qualified voters in counties or parts of counties included in the target area...
• Texas Section 301.155 - Application For Petition Seeking Election
  (a) On written request of at least 25 qualified voters residing in the target area or operational area mentioned in the notice requesting an election...
• Texas Section 301.156 - Election On Petition
  (a) On the return to the county clerks of petitions signed by at least 10 percent of the qualified voters residing in each county within...
• Texas Section 301.157 - Petition Requirements
  (a) The petition for an election under this subchapter must read substantially as follows: "The following qualified voters of __________ County request the Commissioners Court...
• Texas Section 301.158 - Certification Of Petition
  (a) Within five days after the date of receiving a petition under this subchapter, the commissioners court shall have the county clerk of the county...
• Texas Section 301.159 - Deposit Required
  (a) A person filing a petition with the county clerk shall deposit with the county clerk an amount of money estimated by the county clerk...
• Texas Section 301.160 - Form Of Ballot
  The ballots for an election under this subchapter must be printed to provide for voting for or against the proposition: "The issuance of a permit...
• Texas Section 301.161 - Election Order
  (a) The order calling the election shall provide for: (1) the time and place or places for holding the election; (2) the form of the...
• Texas Section 301.162 - Results Of Election
  (a) The presiding judge of each voting place shall supervise the counting of all votes cast and shall certify the results to the commissioners court...
• Texas Section 301.163 - Issuance Or Denial Of Permit Following Election
  (a) If a majority of the qualified voters voting in the election precincts any part of which are located in the target area vote against...
• Texas Section 301.164 - Permit For Hail Suppression Prohibited Outside Target Area Or In Area Excluded By Election
  (a) A permit may not be issued that provides for or allows the seeding of clouds for hail suppression outside the target area or within...
• Texas Section 301.165 - Monitor Of Program
  The Texas Department of Licensing and Regulation may monitor any program under conditions the Texas Department of Licensing and Regulation determines advisable. Added by Acts...
• Texas Section 301.166 - Petition In Adjacent County
  (a) On petition as provided in this subchapter, the commissioners court of any county outside but adjacent to a county included in the operational area...

SUBCHAPTER E SANCTIONS

• Texas Section 301.167 - Inclusion Of Certain Counties And Parts Of Counties
  (a) If any county or part of a county has disapproved the issuance of a permit at a previous election held under this subchapter, that...
• Texas Section 301.201 - Penalties
  A person who violates this chapter is subject to Subchapters F and G, Chapter 51, Occupations Code, in the same manner as a person regulated...
• Texas Section 301.202 - Act Of God
  If a person can establish that an event that would otherwise be a violation of this chapter or a rule adopted or order or permit...

SUBCHAPTER F REVOCATION AND SUSPENSION OF PERMIT

• Texas Section 301.203 - Defense Excluded
  Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the Texas Department of Licensing and Regulation does not...
• Texas Section 301.251 - Definition
  In this subchapter, "permit holder" includes each member of a partnership or association that is a permit holder and, with respect to a corporation that...
• Texas Section 301.252 - Grounds For Revocation Or Suspension Of Permit
  After notice and hearing, the Texas Department of Licensing and Regulation may revoke or suspend a permit issued under this chapter on any of the...
• Texas Section 301.253 - Grounds For Revocation Or Suspension Of License
  (a) This section applies to a license issued under this chapter or under a rule adopted under this chapter. (b) After notice and hearing, the...
• Texas Section 301.254 - Procedures For Notice And Hearings
  The Texas Department of Licensing and Regulation by rule shall establish procedures for public notice and any public hearing under this subchapter. Added by Acts...
• Texas Section 301.255 - Hearings
  A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the Texas Department of Licensing and Regulation and the...
• Texas Section 301.256 - Revocation Or Suspension By Consent
  If a permit holder or license holder requests or consents to the revocation or suspension of the permit or license, the executive director may revoke...

SUBCHAPTER G IMMUNITY; CERTAIN LEGAL RELATIONSHIPS

• Texas Section 301.257 - Other Relief
  A proceeding brought by the Texas Department of Licensing and Regulation under this subchapter does not affect the authority of the Texas Department of Licensing...
• Texas Section 301.301 - Immunity Of State
  The state and its officers and employees are immune from liability for all weather modification and control activities conducted by private persons or groups. Added...
• Texas Section 301.302 - Private Legal Relationships
  (a) This chapter does not affect private legal relationships, except that an operation conducted under the license and permit requirements of this chapter is not...

Last modified: September 28, 2016