Texas Water Code - Section 5.501. Emergency And Temporary Order Or Permit; Temporary Suspension Or Amendment Of Permit Condition
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§ 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT;
TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION. (a) For the
purposes and in the manner provided by this subchapter, the
commission:
(1) may issue a temporary or emergency mandatory,
permissive, or prohibitory order; and
(2) by temporary or emergency order may:
(A) issue a temporary permit; or
(B) temporarily suspend or amend a permit
condition.
(b) The commission may issue an emergency order under this
subchapter after providing the notice and opportunity for hearing
that the commission considers practicable under the circumstances
or without notice or hearing. Except as provided by Section 5.506,
notice must be given not later than the 10th day before the date set
for a hearing if the commission requires notice and hearing before
issuing the order. The commission shall give notice not later than
the 20th day before the date set for a hearing on a temporary order.
(c) The commission by order or rule may delegate to the
executive director the authority to:
(1) receive applications and issue emergency orders
under this subchapter; and
(2) authorize, in writing, a representative or
representatives to act on the executive director's behalf under
this subchapter.
(d) Chapter 2001, Government Code, does not apply to the
issuance of an emergency order under this subchapter without a
hearing.
(e) A law under which the commission acts that requires
notice of hearing or that sets procedures for the issuance of
permits does not apply to a hearing on an emergency order issued
under this subchapter unless the law specifically requires notice
for an emergency order. The commission shall give the general
notice of the hearing that the commission considers practicable
under the circumstances.
(f) An emergency or temporary order issued under this
subchapter does not vest in the permit holder or recipient any
rights and expires in accordance with its terms.
(g) The commission may prescribe rules and adopt fees
necessary to carry out and administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1072, § 1, eff. Sept. 1, 1997.
Section: 5.357 5.401 5.402 5.403 5.404 5.405 5.406 5.501 5.502 5.503 5.504 5.505 5.506 5.507 5.508
Last modified: August 10, 2007
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