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Texas Health & Safety Code - Section 382.017. Rules

Legal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 382.017. Rules

§ 382.017. RULES.  (a) The commission may adopt rules.  
The commission shall hold a public hearing before adopting a rule 
consistent with the policy and purposes of this chapter.
	(b)  If the rule will have statewide effect, notice of the 
date, time, place, and purpose of the hearing shall be published one 
time at least 20 days before the scheduled date of the hearing in at 
least three newspapers, the combined circulation of which will, in 
the commission's judgment, give reasonable circulation throughout 
the state.  If the rule will have effect in only a part of the state, 
the notice shall be published one time at least 20 days before the 
scheduled date of the hearing in a newspaper of general circulation 
in the area to be affected.
	(c)  Any person may appear and be heard at a hearing to adopt 
a rule.  The executive director shall make a record of the names and 
addresses of the persons appearing at the hearing.  A person heard 
or represented at the hearing or requesting notice of the 
commission's action shall be sent by mail written notice of the 
commission's action.
	(d)  Subsections (a) and (b) notwithstanding, the commission 
may adopt rules consistent with Chapter 2001, Government Code, if 
the commission determines that the need for expeditious adoption of 
proposed rules requires use of those procedures.
	(e)  The terms and provisions of a rule adopted by the 
commission may differentiate among particular conditions, 
particular sources, and particular areas of the state.  In adopting 
a rule, the commission shall recognize that the quantity or 
characteristic of air contaminants or the duration of their 
presence in the atmosphere may cause a need for air control in one 
area of the state but not in other areas.  In this connection, the 
commission shall consider:
		(1)  the factors found by it to be proper and just, 
including existing physical conditions, topography, population, 
and prevailing wind direction and velocity;  and
		(2)  the fact that a rule and the degrees of conformance 
with the rule that may be proper for an essentially residential area 
of the state may not be proper for a highly developed industrial 
area or a relatively unpopulated area.
	(f)  Except as provided by Sections 382.0171-382.021 or to 
comply with federal law or regulations, the commission by rule may 
not specify:
		(1)  a particular method to be used to control or abate 
air pollution;      
		(2)  the type, design, or method of installation of 
equipment to be used to control or abate air pollution;  or
		(3)  the type, design, method of installation, or type 
of construction of a manufacturing process or other kind of 
equipment.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 14, § 137, eff. Sept. 1, 1991;  Acts 
1991, 72nd Leg., 1st C.S., ch. 3, § 2.33, eff. Sept. 1, 1991;  
Acts 1995, 74th Leg., ch. 76, § 5.95(49), 11.145, eff. Sept. 1, 
1995.

Last modified: August 11, 2007