Texas Water Code

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• Texas Water Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Water Code Section 1.002 - Construction Of Code
  (a) The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by ...
• Texas Water Code Section 1.003 - Public Policy
  It is the public policy of the state to provide for the conservation and development of the state's natural resources, including: (1) the control, storage, ...
• Texas Water Code Section 5.053 - Eligibility For Membership
  Text of section effective until delegation of NPDES permit authority A person is not eligible to serve on the commission if the person or ...
• Texas Water Code Section 5.053 - Eligibility For Membership
  Text of section effective upon delegation of NPDES permit authority (a) A person may not be a member of the commission if the person ...
• Texas Water Code Section 5.175 - Inspection Of Water Pollution Records
  Text of section effective until delegation of NPDES permit authority All information, documents, and data collected by the commission in the performance of its ...
• Texas Water Code Section 5.175 - Inspection Of Water Pollution Records
  Text of section effective upon delegation of NPDES permit authority (a) All information, documents, and data collected by the commission in the performance of ...
• Texas Water Code Section 5.176 - Complaint File
  (a) The commission shall maintain a file on each written complaint filed with the commission about a matter within the commission's regulatory jurisdiction. The file ...
• Texas Water Code Section 5.1765 - Publication Of Information Regarding Complaint Procedures And Policies
  The commission shall establish a process for educating the public regarding the commission's complaint policies and procedures. As part of the public education process, the ...
• Texas Water Code Section 5.177 - Notice Of Complaint Procedures; Notice Of Investigation Status
  (a) The agency shall provide to the person filing the complaint about a matter within the commission's regulatory jurisdiction and to each person who is ...
• Texas Water Code Section 5.1771 - Coordination Of Complaint Investigations With Local Enforcement Officials: Training
  (a) The commission shall share information regarding a complaint about a matter within the commission's regulatory jurisdiction made to the commission with local officials with ...
• Texas Water Code Section 5.1772 - After-Hours Response To Complaints
  (a) The commission shall adopt and implement a policy to provide timely response to complaints during periods outside regular business hours. (b) This section does ...
• Texas Water Code Section 5.1773 - Complaint Assessment
  (a) The commission annually shall conduct a comprehensive analysis of the complaints it receives, including analysis by the following categories: (1) air; (2) water; (3) ...
• Texas Water Code Section 5.178 - Annual Reports; Biennial Appendices
  (a) On or before December 1 of each even-numbered year, the commission shall file with the governor and the members of the legislature a written ...
• Texas Water Code Section 5.179 - Seal
  The commission shall have a seal bearing the words Texas Natural Resource Conservation Commission encircling the oak and olive branches common to other official seals. ...
• Texas Water Code Section 5.221 - General Responsibilities Of The Executive Director
  The executive director shall manage the administrative affairs of the commission subject to this code and other laws and under the general supervision and direction ...
• Texas Water Code Section 5.222 - Delegation Of Executive Director's Authority Or Duty
  The executive director may delegate to the executive director's staff any authority or duty assigned to the executive director unless the statute, rule, or order ...
• Texas Water Code Section 5.223 - Administrative Organization Of Commission
  Subject to approval of the commission, the executive director may organize and reorganize the administrative sections and divisions of the commission in a manner and ...
• Texas Water Code Section 5.224 - Information Request To Board
  (a) With regard to any matter pending before the commission, the executive director may obtain from the board information relating to that matter. (b) On ...
• Texas Water Code Section 5.225 - Career Ladder Program
  The executive director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry ...
• Texas Water Code Section 5.226 - Merit Pay
  The executive director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for commission employees ...
• Texas Water Code Section 5.227 - Equal Employment Opportunity Policy
  (a) The executive director or his designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure ...
• Texas Water Code Section 5.2275 - State Employee Incentive Program
  The executive director or the executive director's designee shall provide to commission employees information and training on the benefits and methods of participation in the ...
• Texas Water Code Section 5.228 - Appearances At Hearings
  (a) The position of and information developed by the commission shall be presented by the executive director or his designated representative at hearings of the ...
• Texas Water Code Section 5.229 - Contracts
  (a) The executive director, on behalf of the commission, may negotiate with and with the consent of the commission enter into contracts with the United ...
• Texas Water Code Section 5.2291 - Scientific And Technical Services
  (a) In this section, "scientific and technical environmental services" means services, other than engineering services, of a scientific or technical nature the conduct of which ...
• Texas Water Code Section 5.230 - Enforcement
  On approval of the commission, the executive director may enforce the terms and conditions of any permit, certified filing, certificate of adjudication, order, standard, or ...
• Texas Water Code Section 5.231 - Travel Expenses
  The executive director is entitled to receive actual and necessary travel expenses. Other employees of the commission are entitled to receive travel expenses as provided ...
• Texas Water Code Section 5.232 - Employee Moving Expenses
  If provided by legislative appropriation, the commission may pay the costs of transporting and delivering the household goods and effects of employees transferred by the ...
• Texas Water Code Section 5.233 - Gifts And Grants
  The executive director may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers ...
• Texas Water Code Section 5.234 - Applications And Other Documents
  (a) An application, petition, or other document requiring action of the commission shall be presented to the executive director and handled as provided by this ...
• Texas Water Code Section 5.236 - Groundwater Contamination Reports
  (a) If the executive director acquires information that confirms that a potential public health hazard exists because usable groundwater has been or is being contaminated, ...
• Texas Water Code Section 5.237 - Operating Fund
  (a) The Texas Natural Resource Conservation Commission Operating Fund is established in the treasury. At the request of the commission, the comptroller is authorized to ...
• Texas Water Code Section 5.238 - Administrative Account
  The commission administrative account is an account in the general revenue fund. The account consists of reimbursements to the commission for services provided by the ...
• Texas Water Code Section 5.271 - Creation And General Responsibility Of The Office Of Public Interest Counsel
  The office of public interest counsel is created to ensure that the commission promotes the public's interest and is responsive to environmental and citizens' concerns ...
• Texas Water Code Section 5.272 - Public Interest Counsel
  The office shall be headed by a public interest counsel appointed by the commission. The executive director may submit the names and qualifications of candidates ...
• Texas Water Code Section 5.273 - Duties Of The Public Interest Counsel
  (a) The counsel shall represent the public interest and be a party to all proceedings before the commission. (b) The counsel may recommend needed legislative ...
• Texas Water Code Section 5.274 - Staff; Outside Technical Support
  (a) The office shall be adequately staffed to carry out its functions under this code. (b) The counsel may obtain and use outside technical support ...
• Texas Water Code Section 5.275 - Appeal
  A ruling, decision, or other act of the commission may not be appealed by the counsel. Amended by Acts 1985, 69th Leg., ch. 795, § ...
• Texas Water Code Section 5.311 - Delegation Of Responsibility
  (a) The commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility to hear any matter before the ...
• Texas Water Code Section 5.312 - Time Limit For Issuance Or Denial Of Permits
  (a) Except as provided in Subsection (b), all permit decisions shall be made within 180 days of the receipt of the permit application or application ...
• Texas Water Code Section 5.313 - Hearing Examiners Referenced In Law
  Any reference in law to a hearing examiner who has a duty related to a case pending before the commission means an administrative law judge ...
• Texas Water Code Section 5.351 - Judicial Review Of Commission Acts
  (a) A person affected by a ruling, order, decision, or other act of the commission may file a petition to review, set aside, modify, or ...
• Texas Water Code Section 5.352 - Remedy For Commission Or Executive Director Inaction
  A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water ...
• Texas Water Code Section 5.353 - Diligent Prosecution Of Suit
  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper ...
• Texas Water Code Section 5.354 - Venue
  A suit instituted under Section 5.351 or 5.352 of this code must be brought in a district court in Travis County. Amended by Acts 1985, ...
• Texas Water Code Section 5.355 - Appeal Of District Court Judgment
  A judgment or order of a district court in a suit brought for or against the commission is appealable as are other civil cases in ...
• Texas Water Code Section 5.356 - Appeal By Executive Director Precluded
  A ruling, order, decision, or other act of the commission may not be appealed by the executive director. Amended by Acts 1985, 69th Leg., ch. ...
• Texas Water Code Section 5.357 - Law Suits; Citation
  Law suits filed by and against the commission or executive director shall be in the name of the commission. In suits against the commission or ...
• Texas Water Code Section 5.401 - Consolidated Permit Processing
  (a) If a plant, facility, or site is required to have more than one permit issued by the commission and the applications for all permits ...
• Texas Water Code Section 5.402 - Request For Separate Processing
  (a) At any time before the public notice of the opportunity to request a hearing on a permit application, the applicant may request that consolidated ...
• Texas Water Code Section 5.403 - Renewal Period For Consolidated Permit
  The renewal period for a consolidated permit issued under this subchapter is the shortest term set by any state or federal statute or rule governing ...
• Texas Water Code Section 5.404 - Renewal Of Permits
  A permit issued under this subchapter or a permit issued before and effective on September 1, 1997, that authorizes more than one permit program may ...
• Texas Water Code Section 5.405 - Fees
  (a) Except as provided by Subsection (b), the fee for a consolidated permit shall be computed as if the permits consolidated had been processed separately. ...
• Texas Water Code Section 5.406 - Rules
  The commission may adopt rules to effectuate the purposes of this subchapter, including rules providing for: (1) combined public notices of permits issued under the ...
• Texas Water Code Section 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 ...
• Texas Water Code Section 5.502 - Application For Emergency Or Temporary Order
  A person other than the executive director or the executive director's representative who desires an emergency or temporary order under this subchapter must submit a ...
• Texas Water Code Section 5.503 - Notice Of Issuance
  Notice of the issuance of an emergency order shall be provided in accordance with commission rules. Added by Acts 1997, 75th Leg., ch. 1072, § ...
• Texas Water Code Section 5.504 - Hearing To Affirm, Modify, Or Set Aside Order
  (a) If the commission, the executive director, or the executive director's representative issues an emergency order under this subchapter without a hearing, the order shall ...
• Texas Water Code Section 5.505 - Term Of Order
  An emergency or temporary order issued under this subchapter must be limited to a reasonable time specified by the order. Except as otherwise provided by ...
• Texas Water Code Section 5.506 - Emergency Suspension Of Permit Condition Relating To Beneficial Inflows To Affected Bays And Estuaries And Instream Uses
  (a) The commission by emergency or temporary order may suspend a permit condition relating to beneficial inflows to affected bays and estuaries and instream uses ...
• Texas Water Code Section 5.507 - Emergency Order For Operation Of Utility That Discontinues Operation Or Is Referred For Appointment Of Receiver
  The commission may issue an emergency order appointing a willing person to temporarily manage and operate a utility under Section 13.4132. Notice of the action ...
• Texas Water Code Section 5.508 - Emergency Order For Rate Increase In Certain Situations
  (a) Notwithstanding the requirements of Section 13.187, the commission may authorize an emergency rate increase for a utility for which a person has been appointed ...
• Texas Water Code Section 5.509 - Temporary Or Emergency Order Relating To Discharge Of Waste Or Pollutants
  (a) The commission may issue an emergency or temporary order relating to the discharge of waste or pollutants into or adjacent to water in the ...
• Texas Water Code Section 5.510 - Emergency Order Concerning Underground Or Aboveground Storage Tanks
  (a) The commission may issue an emergency order to the owner or operator of an underground or aboveground storage tank regulated under Chapter 26 prohibiting ...
• Texas Water Code Section 5.511 - Emergency Administrative Order Concerning Imminent And Substantial Endangerment
  The commission or the executive director may issue an emergency administrative order under Section 361.272, Health and Safety Code, in the manner provided by this ...
• Texas Water Code Section 5.512 - Emergency Order Concerning Activity Of Solid Waste Management
  The commission may issue an emergency order concerning an activity of solid waste management under the commission's jurisdiction, even if that activity is not covered ...
• Texas Water Code Section 5.513 - Emergency Order Concerning On-Site Sewage Disposal System
  (a) The commission may issue an emergency order suspending the registration of the installer of an on-site sewage disposal system, regulating an on-site sewage disposal ...
• Texas Water Code Section 5.514 - Order Issued Under Air Emergency
  (a) If the commission finds that a generalized condition of air pollution exists that creates an emergency requiring immediate action to protect human health or ...
• Texas Water Code Section 5.5145 - Emergency Order Concerning Operation Of Rock Crusher Or Concrete Plant Without Permit
  The commission shall issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry ...
• Texas Water Code Section 5.515 - Emergency Order Because Of Catastrophe
  (a) The commission may issue an emergency order authorizing immediate action for the addition, replacement, or repair of facilities or control equipment or the repair ...
• Texas Water Code Section 5.516 - Emergency Order Under Section 401.056, Health And Safety Code
  The commission may issue an emergency order under Section 401.056, Health and Safety Code, in the manner provided by this subchapter. Added by Acts 1997, ...
• Texas Water Code Section 5.551 - Permitting Procedures; Applicability
  (a) This subchapter establishes procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing under Subchapters C-H, Chapter 2001, ...
• Texas Water Code Section 5.552 - Notice Of Intent To Obtain Permit
  (a) The executive director shall determine when an application is administratively complete. (b) Not later than the 30th day after the date the executive director ...
• Texas Water Code Section 5.553 - Preliminary Decision; Notice And Public Comment
  (a) The executive director shall conduct a technical review of and issue a preliminary decision on the application. (b) The applicant shall publish notice of ...
• Texas Water Code Section 5.554 - Public Meeting
  During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or ...
• Texas Water Code Section 5.555 - Response To Public Comments
  (a) The executive director, in accordance with procedures provided by commission rule, shall file with the chief clerk of the commission a response to each ...
• Texas Water Code Section 5.556 - Request For Reconsideration Or Contested Case Hearing
  (a) A person may request that the commission reconsider the executive director's decision or hold a contested case hearing. A request must be filed with ...
• Texas Water Code Section 5.557 - Direct Referral To Contested Case Hearing
  (a) Immediately after the executive director issues a preliminary decision on an application under Section 5.553, the commission, on the request of the applicant or ...
• Texas Water Code Section 5.558 - Clean Coal Project Permitting
  (a) As authorized by federal law, the commission by rule shall implement reasonably streamlined processes for issuing permits required to construct a component of the ...
• Texas Water Code Section 5.601 - Definitions
  In this subchapter: (1) "Approved implementation program" means an implementation plan identified as part of an approved comprehensive conservation and management plan. (2) "Approved comprehensive ...
• Texas Water Code Section 5.602 - Recognition Of National Significance Of Estuaries Of Texas Coast
  The state recognizes the state and national significance of estuaries on the Texas coast and that the cooperative efforts created by the National Estuary Program ...
• Texas Water Code Section 5.603 - Finding Of Benefit And Public Purpose
  The state recognizes the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and ...
• Texas Water Code Section 5.604 - Lead State Agency
  The commission is the lead state agency for the implementation of approved comprehensive conservation and management plans developed under the National Estuary Program. The commission ...
• Texas Water Code Section 5.605 - State Agency Participation
  (a) The following state agencies shall participate and provide assistance to the estuary programs in implementing approved comprehensive conservation and management plans: (1) the General ...
• Texas Water Code Section 5.606 - Estuary Program Offices
  To accomplish the purposes of this subchapter, the estuary program office of any estuary of the state included in the National Estuary Program and for ...
• Texas Water Code Section 5.607 - Implementation Funding
  Funding for the implementation of approved comprehensive conservation and management plans is to be shared by the state, local governments in the area of the ...
• Texas Water Code Section 5.608 - Eligibility For State Funding
  A comprehensive conservation and management plan is eligible for state funding to assist in implementation of the plan if: (1) the estuary involved has been ...
• Texas Water Code Section 5.609 - Administration
  The commission, as the lead state agency for administering the state's share of funds, and any state agency designated as an implementing agency for an ...
• Texas Water Code Section 5.701 - Fees
  (a) The executive director shall charge and collect the fees prescribed by law. The executive director shall make a record of fees prescribed when due ...
• Texas Water Code Section 5.702 - Payment Of Fees Required When Due
  (a) A fee due the commission under this code or the Health and Safety Code shall be paid on the date the fee is due, ...
• Texas Water Code Section 5.703 - Fee Adjustments
  (a) The commission may not consider adjusting the amount of a fee due the commission under this code or the Health and Safety Code: (1) ...
• Texas Water Code Section 5.704 - Notice Of Change In Payment Procedure
  The commission shall promptly notify each person required to pay a commission fee under this code or the Health and Safety Code of any change ...
• Texas Water Code Section 5.705 - Notice Of Violation
  (a) The commission may issue a notice of violation to a person required to pay a commission fee under this code or the Health and ...
• Texas Water Code Section 5.706 - Penalties And Interest On Delinquent Fees
  (a) Except as otherwise provided by law, the commission may collect, for a delinquent fee due the commission under this code or the Health and ...
• Texas Water Code Section 5.707 - Transferability Of Appropriations And Funds Derived From Fees
  Notwithstanding any law that provides specific purposes for which a fund, account, or revenue source may be used and expended by the commission and that ...
• Texas Water Code Section 5.708 - Permit Fee Exemption For Certain Research Projects
  (a) In this section: (1) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (2) "State agency" has the meaning assigned ...
• Texas Water Code Section 5.751 - Applicability
  This subchapter applies to programs under the jurisdiction of the commission under Chapters 26 and 27 of this code and Chapters 361, 382, and 401, ...
• Texas Water Code Section 5.752 - Definitions
  In this subchapter: (1) "Applicable legal requirement" means an environmental law, regulation, permit, order, consent, decree, or other requirement. (2) "Innovative program" means: (A) a ...
• Texas Water Code Section 5.753 - Standard For Evaluating Compliance History
  (a) Consistent with other law and the requirements necessary to maintain federal program authorization, the commission by rule shall develop a uniform standard for evaluating ...
• Texas Water Code Section 5.754 - Classification And Use Of Compliance History
  (a) The commission by rule shall establish a set of standards for the classification of a person's compliance history. (b) Rules adopted under this section ...
• Texas Water Code Section 5.755 - Strategically Directed Regulatory Structure
  (a) The commission by rule shall develop a strategically directed regulatory structure to provide incentives for enhanced environmental performance. (b) The strategically directed regulatory structure ...
• Texas Water Code Section 5.756 - Collection And Analysis Of Compliance Performance Information
  (a) The commission shall collect data on: (1) the results of inspections conducted by the commission; and (2) whether inspections are announced or unannounced. (b) ...
• Texas Water Code Section 5.757 - Coordination Of Innovative Programs
  (a) The commission shall designate a single point of contact within the agency to coordinate all innovative programs. (b) The coordinator shall: (1) inventory, coordinate, ...
• Texas Water Code Section 5.758 - Regulatory Flexibility
  (a) The commission by order may exempt an applicant from a requirement of a statute or commission rule regarding the control or abatement of pollution ...
• Texas Water Code Section 5.801 - Definition
  In this subchapter, "environmental testing laboratory" means a scientific laboratory that performs analyses to determine the chemical, molecular, or pathogenic components of environmental media for ...
• Texas Water Code Section 5.802 - Administration By Commission
  The commission shall adopt rules for the administration of the voluntary environmental testing laboratory accreditation program established by this chapter. The program must be consistent ...
• Texas Water Code Section 5.803 - Application; Fee
  (a) To be accredited under the accreditation program adopted under this subchapter, an environmental testing laboratory must submit an application to the commission on a ...
• Texas Water Code Section 5.804 - Issuance Of Accreditation; Reciprocity
  (a) The commission may accredit an environmental testing laboratory that complies with the commission requirements established under this subchapter. (b) The commission by rule may ...
• Texas Water Code Section 5.805 - Rules; Minimum Standards
  The commission shall adopt rules to implement this subchapter and minimum performance and quality assurance standards for accreditation of an environmental testing laboratory. Added by ...
• Texas Water Code Section 5.806 - Discipline
  After notice and an opportunity for hearing, the commission may suspend or revoke the accreditation of an environmental testing laboratory that does not comply with ...
• Texas Water Code Section 5.807 - Environmental Testing Laboratory Accreditation Account
  All fees collected under this subchapter shall be deposited to the credit of the environmental testing laboratory accreditation account and may be appropriated to the ...
• Texas Water Code Section 6.001 - Definitions
  In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Executive administrator" means the executive administrator of the board. (3) "Commission" means the ...
• Texas Water Code Section 6.002 - Scope Of Chapter
  The powers and duties enumerated in this chapter are the general powers and duties of the board and those incidental to the conduct of its ...
• Texas Water Code Section 6.011 - Board As Agency Of State
  The board is the state agency primarily responsible for water planning and for administering water financing for the state. Added by Acts 1985, 69th Leg., ...
• Texas Water Code Section 6.012 - General Duties And Responsibilities
  (a) The board has general jurisdiction over: (1) the development of a statewide water plan; (2) the administration of the state's various water assistance and ...
• Texas Water Code Section 6.013 - Sunset Provision
  The Texas Water Development Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The ...
• Texas Water Code Section 6.014 - Construction Of Title
  This title shall be liberally construed to allow the board and the executive administrator to carry out their powers and duties in an efficient and ...
• Texas Water Code Section 6.051 - State Agency
  The Texas Water Development Board is an agency of the state. Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1, 1985. ...
• Texas Water Code Section 6.052 - Members Of The Board; Appointment
  (a) The board is composed of six members who are appointed by the governor with the advice and consent of the senate. (b) The governor ...
• Texas Water Code Section 6.053 - Eligibility For Membership
  (a) Members of the board must be members of the general public. (b) A person is not eligible for appointment to the board if the ...
• Texas Water Code Section 6.054 - Removal Of Board Members
  (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Water Code Section 6.055 - Officers Of State; Oath
  Each member of the board is an officer of the state as that term is used in the constitution, and each member shall qualify by ...
• Texas Water Code Section 6.056 - Terms Of Office
  The members of the board hold office for staggered terms of six years, with the terms of two members expiring every two years. Each member ...
• Texas Water Code Section 6.057 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Water Code Section 6.058 - Lobbyist Prohibition
  A person may not be a member of the board or act as the general counsel to the board if the person is required to ...
• Texas Water Code Section 6.059 - Board Officers
  (a) The governor shall designate one member as chairman of the board to serve at the will of the governor. (b) The members of the ...
• Texas Water Code Section 6.060 - Board Meetings
  (a) The board shall meet at least once every other month on a day and at a place within the state selected by it, subject ...
• Texas Water Code Section 6.061 - Compensation; Expenses
  A member is entitled to receive an amount as provided by the General Appropriations Act for each day he serves in the performance of his ...
• Texas Water Code Section 6.062 - Required Training For Board Members
  (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ...
• Texas Water Code Section 6.101 - Rules
  (a) The board shall adopt rules necessary to carry out the powers and duties of the board provided by this code and other laws of ...
• Texas Water Code Section 6.1011 - Budget Approval
  The board shall examine and approve budget recommendations for the board that are to be transmitted to the legislature. Added by Acts 1985, 69th Leg., ...
• Texas Water Code Section 6.102 - Advisory Councils
  The board may create and consult with any advisory councils that the board considers appropriate to carry out its powers and duties. Added by Acts ...
• Texas Water Code Section 6.103 - Executive Administrator
  The board shall appoint a person to be the executive administrator to serve at the will of the board. Added by Acts 1985, 69th Leg., ...
• Texas Water Code Section 6.104 - Memoranda Of Understanding
  The board may enter into a memorandum of understanding with any other state agency and shall adopt by rule any memorandum of understanding between the ...
• Texas Water Code Section 6.105 - Public Testimony Policy
  The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on ...
• Texas Water Code Section 6.106 - Standards Of Conduct
  The executive administrator or the executive administrator's designee shall provide to members of the board and to agency employees, as often as is necessary, information ...
• Texas Water Code Section 6.107 - Power To Enter Land
  Any member or employee of the board may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that ...
• Texas Water Code Section 6.108 - Power To Purchase Insurance
  The board may purchase for its members, appointees, and employees and pay premiums on liability insurance in any amounts and from any insurers the board ...
• Texas Water Code Section 6.109 - Liability
  Pursuant to the limited waiver of governmental immunity of Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims Act), neither a member of the ...
• Texas Water Code Section 6.111 - Separation Of Responsibilities
  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive administrator and ...
• Texas Water Code Section 6.112 - Border Projects Website
  (a) In this section, "border region" means the portion of this state located within 100 kilometers of this state's international border. (b) The board may ...
• Texas Water Code Section 6.151 - Audit
  The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ...
• Texas Water Code Section 6.152 - Public Information Relating To Board
  The board shall prepare information of public interest describing the functions of the board and describing the board's procedures by which complaints are filed with ...
• Texas Water Code Section 6.153 - Documents, Etc., State Property; Open For Inspection
  Text of section effective until delegation of NPDES permit authority All information, documents, and data collected by the board in the performance of its ...
• Texas Water Code Section 6.153 - Copies Of Documents, Proceedings, Etc.
  Text of section effective upon delegation of NPDES permit authority (a) Except as otherwise specifically provided in this code and subject to the specific ...
• Texas Water Code Section 6.154 - Complaint File
  (a) The board shall maintain a file on each written complaint filed with the board. The file must include: (1) the name of the person ...
• Texas Water Code Section 6.155 - Notice Of Complaint
  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject ...
• Texas Water Code Section 6.1555 - Referral For Investigation Or Enforcement Action
  (a) The board, as the result of a complaint filed with the board or on the board's own motion, may refer an applicant for or ...
• Texas Water Code Section 6.156 - Reports To Governor
  (a) The board shall make biennial reports in writing to the governor and the members of the legislature. Each report shall include a statement of ...
• Texas Water Code Section 6.1565 - Report To Secretary Of State
  (a) In this section, "colonia" means a geographic area that: (1) is an economically distressed area as defined by Section 17.921; and (2) is located ...
• Texas Water Code Section 6.157 - Seal
  The board shall have a seal bearing the words "Texas Water Development Board" encircling the oak and olive branches common to other official seals. Added ...
• Texas Water Code Section 6.181 - General Responsibilities
  The executive administrator shall manage the administrative affairs of the board subject to this code and other laws and under the general supervision and direction ...
• Texas Water Code Section 6.183 - Employment Of Personnel
  The executive administrator shall employ necessary personnel for the board. The executive administrator may delegate powers and duties to deputy executive administrators. Added by Acts ...
• Texas Water Code Section 6.184 - Administrative Organization
  The executive administrator, with the approval of the board, may organize and reorganize the administrative sections and divisions of the board in a form and ...
• Texas Water Code Section 6.185 - Information Request To Commission
  (a) With regard to any matter pending before the board, the executive administrator may obtain from the commission information relating to that matter. (b) On ...
• Texas Water Code Section 6.186 - Career Ladder Program
  The executive administrator or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry ...
• Texas Water Code Section 6.187 - Merit Pay
  The executive administrator or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board employees ...
• Texas Water Code Section 6.188 - Equal Employment Opportunity Policy
  (a) The executive administrator or the executive administrator's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Water Code Section 6.189 - Appearances At Hearings
  The position of and information developed by the board may be presented by the executive administrator or his designated representative at hearings of the board ...
• Texas Water Code Section 6.190 - Contracts
  (a) The executive administrator, on behalf of the board, may negotiate with and, with the consent of the board, may enter into contracts with the ...
• Texas Water Code Section 6.191 - Travel Expenses
  The executive administrator is entitled to receive actual and necessary travel expenses. Other employees of the board are entitled to receive travel expenses as provided ...
• Texas Water Code Section 6.192 - Gifts And Grants
  The executive administrator may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers ...
• Texas Water Code Section 6.193 - Employee Moving Expenses
  If provided by legislative appropriation, the board may pay the costs of transporting and delivering household goods and effects of employees transferred by the executive ...
• Texas Water Code Section 6.194 - Applications And Other Documents
  (a) An application, petition, or other document requiring action of the board shall be presented to the executive administrator and handled as provided by this ...
• Texas Water Code Section 6.195 - Notice Of Application
  (a) At the time an application requiring action of the board is filed and is administratively complete, the board shall give notice of the application ...
• Texas Water Code Section 6.196 - Training On State Employee Incentive Program
  The executive administrator or the executive administrator's designee shall provide to agency employees information and training on the benefits and methods of participation in the ...
• Texas Water Code Section 6.241 - Judicial Review Of Acts
  (a) A person affected by a ruling, order, decision, or other act of the board may file a petition to review, set aside, modify, or ...
• Texas Water Code Section 6.242 - Remedy For Board Or Executive Administrator Inaction
  A person affected by the failure of the board or the executive administrator to act in a reasonable time on an application or to perform ...
• Texas Water Code Section 6.243 - Diligent Prosecution Of Suit
  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 6.241 or 6.242 of this code. If the plaintiff does not secure proper ...
• Texas Water Code Section 6.244 - Venue
  A suit instituted under Section 6.241 or 6.242 of this code must be brought in a district court in Travis County. Added by Acts 1985, ...
• Texas Water Code Section 6.245 - Appeal Of District Court Judgment
  A judgment or order of a district court in a suit brought for or against the board or the executive administrator is appealable as are ...
• Texas Water Code Section 6.246 - Appeal By Executive Administrator Precluded
  A ruling, order, decision, or other act of the board may not be appealed by the executive administrator. Added by Acts 1985, 69th Leg., ch. ...
• Texas Water Code Section 6.247 - Law Suits; Citation
  Law suits filed by and against the board or the executive administrator shall be in the name of the board. In suits against the board ...
• Texas Water Code Section 7.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Permit" includes a license, certificate, registration, approval, or other form of authorization. ...
• Texas Water Code Section 7.002 - Enforcement Authority
  The commission may initiate an action under this chapter to enforce provisions of this code and the Health and Safety Code within the commission's jurisdiction ...
• Texas Water Code Section 7.0025 - Initiation Of Enforcement Action Using Information Provided By Private Individual
  (a) The commission may initiate an enforcement action on a matter under its jurisdiction under this code or the Health and Safety Code based on ...
• Texas Water Code Section 7.0026 - Suspension Of Enforcement Action Against Certain Regional Water, Sewer, Or Solid Waste Services
  If a water supply, sewer, wastewater treatment, or solid waste disposal service operated by or for a municipality or county is being integrated into a ...
• Texas Water Code Section 7.003 - Enforcement Report
  (a) The commission shall report at least once each month on enforcement actions taken by the commission or others and the resolution of those actions. ...
• Texas Water Code Section 7.004 - Remedies Cumulative
  The remedies under this chapter are cumulative of all other remedies. Nothing in this chapter affects the right of a private corporation or individual to ...
• Texas Water Code Section 7.005 - Effect On Other Law
  This chapter does not exempt a person from complying with or being subject to other law. Added by Acts 1997, 75th Leg., ch. 1072, § ...
• Texas Water Code Section 7.031 - Corrective Action Relating To Hazardous Waste
  (a) The commission shall require corrective action for a release of hazardous waste or hazardous waste constituents from a solid waste management unit at a ...
• Texas Water Code Section 7.032 - Injunctive Relief
  (a) The executive director may enforce a commission rule or a provision of a permit issued by the commission by injunction or other appropriate remedy. ...
• Texas Water Code Section 7.033 - Recovery Of Security For Chapter 401, Health And Safety Code, Violation
  The commission shall seek reimbursement, either by a commission order or by a suit filed under Subchapter D by the attorney general at the commission's ...
• Texas Water Code Section 7.051 - Administrative Penalty
  (a) The commission may assess an administrative penalty against a person as provided by this subchapter if: (1) the person violates: (A) a provision of ...
• Texas Water Code Section 7.052 - Maximum Penalty
  (a) The amount of the penalty for a violation of Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, or ...
• Texas Water Code Section 7.0525 - Penalties For Violations Related To Certain Dry Cleaning Facilities
  (a) Except as provided by Subsection (b), the amount of the penalty for a violation of Section 374.252, Health and Safety Code, may not exceed ...
• Texas Water Code Section 7.053 - Factors To Be Considered In Determination Of Penalty Amount
  In determining the amount of an administrative penalty, the commission shall consider: (1) the nature, circumstances, extent, duration, and gravity of the prohibited act, with ...
• Texas Water Code Section 7.054 - Report Of Violation
  If, after examination of a possible violation and the facts surrounding that possible violation, the executive director concludes that a violation has occurred, the executive ...
• Texas Water Code Section 7.055 - Notice Of Report
  Not later than the 10th day after the date on which the report of a violation is issued, the executive director shall give written notice ...
• Texas Water Code Section 7.056 - Consent
  Not later than the 20th day after the date on which notice is received, the person charged may give to the commission written consent to ...
• Texas Water Code Section 7.057 - Default
  If the person charged with the violation consents to the penalty recommended by the executive director or does not timely respond to the notice, the ...
• Texas Water Code Section 7.058 - Hearing
  If the person charged requests or the commission orders a hearing, the commission shall order and shall give notice of the hearing. The commission by ...
• Texas Water Code Section 7.059 - Notice Of Decision
  The commission shall give notice of its decision to the person charged. If the commission finds that a violation has occurred and assesses a penalty, ...
• Texas Water Code Section 7.060 - Notice Of Penalty
  If the commission is required to give notice of a penalty under Section 7.057 or 7.059, the commission shall publish notice of its decision in ...
• Texas Water Code Section 7.061 - Payment Of Penalty; Petition For Review
  Within the 30-day period immediately following the date on which the commission's order is final, as provided by Section 2001.144, Government Code, the person charged ...
• Texas Water Code Section 7.062 - Stays
  Within the 30-day period described by Section 7.061, a person who acts under Section 7.061(3) may: (1) stay enforcement of the penalty by: (A) paying ...
• Texas Water Code Section 7.063 - Consent To Affidavit
  If the executive director receives a copy of an affidavit under Section 7.062(2), the executive director may file with the court, within five days after ...
• Texas Water Code Section 7.064 - Judicial Review
  Judicial review of the order or decision of the commission assessing the penalty is under Subchapter G, Chapter 2001, Government Code. Added by Acts 1997, ...
• Texas Water Code Section 7.065 - Penalty Reduced Or Not Assessed
  (a) If the person paid the penalty and if the penalty is reduced or not assessed by the court, the executive director shall remit to ...
• Texas Water Code Section 7.066 - Referral To Attorney General
  A person who does not comply with Section 7.061 waives the right to judicial review, and the commission or the executive director may refer the ...
• Texas Water Code Section 7.067 - Supplemental Environmental Projects
  (a) The commission may compromise, modify, or remit, with or without conditions, an administrative penalty imposed under this subchapter. In determining the appropriate amount of ...
• Texas Water Code Section 7.068 - Full And Complete Satisfaction
  Payment of an administrative penalty under this subchapter is full and complete satisfaction of the violation for which the penalty is assessed and precludes any ...
• Texas Water Code Section 7.069 - Disposition Of Penalty
  A penalty collected under this subchapter shall be deposited to the credit of the general revenue fund. Added by Acts 1997, 75th Leg., ch. 1072, ...
• Texas Water Code Section 7.070 - Findings Of Fact Not Required; Reservations
  Notwithstanding any other provision to the contrary, the commission is not required to make findings of fact or conclusions of law other than an uncontested ...
• Texas Water Code Section 7.071 - Inadmissibility
  An agreed administrative order issued by the commission under this subchapter is not admissible against a party to that order in a civil proceeding unless ...
• Texas Water Code Section 7.072 - Recovery Of Penalty
  An administrative penalty owed under this subchapter may be recovered in a civil action brought by the attorney general at the request of the commission. ...
• Texas Water Code Section 7.073 - Corrective Action
  If a person violates any statute or rule within the commission's jurisdiction, the commission may: (1) assess against the person an administrative penalty under this ...
• Texas Water Code Section 7.074 - Hearing Powers
  The commission may exercise under this subchapter the hearing powers authorized by Section 26.020. Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. ...
• Texas Water Code Section 7.075 - Public Comment
  (a) Before the commission approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under this subchapter to which the commission ...
• Texas Water Code Section 7.101 - Violation
  A person may not cause, suffer, allow, or permit a violation of a statute within the commission's jurisdiction or a rule adopted or an order ...
• Texas Water Code Section 7.102 - Maximum Penalty
  A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to Chapter 37 of this code, Chapter ...
• Texas Water Code Section 7.103 - Continuing Violations
  If it is shown on a trial of a defendant that the defendant has previously been assessed a civil penalty for a violation of a ...
• Texas Water Code Section 7.104 - No Penalty For Failure To Pay Certain Fees
  A civil penalty may not be assessed for failure to: (1) pay a fee under Section 371.062, Health and Safety Code; or (2) file a ...
• Texas Water Code Section 7.105 - Civil Suit
  (a) On the request of the executive director or the commission, the attorney general shall institute a suit in the name of the state for ...
• Texas Water Code Section 7.106 - Resolution Through Administrative Order
  The attorney general's office and the executive director may agree to resolve any violation, before or after referral, by an administrative order issued under Subchapter ...
• Texas Water Code Section 7.107 - Division Of Civil Penalty
  Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty ...
• Texas Water Code Section 7.108 - Attorney's Fees
  If the state prevails in a suit under this subchapter it may recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation ...
• Texas Water Code Section 7.109 - Parks And Wildlife Department Jurisdiction
  (a) If it appears that a violation or a threat of violation of Section 26.121 or a rule, permit, or order of the commission has ...
• Texas Water Code Section 7.110 - Comments
  (a) Before the commission approves an agreed final judgment, consent order, voluntary settlement agreement, or other voluntary settlement agreement, or other voluntary agreement that would ...
• Texas Water Code Section 7.111 - Recovery Of Security For Chapter 401, Health And Safety Code, Violation
  On request by the commission, the attorney general shall file suit to recover security under Section 7.033. Added by Acts 1997, 75th Leg., ch. 1072, ...
• Texas Water Code Section 7.141 - Definitions
  In this subchapter: (1) "Appropriate regulatory agency" means the commission, the Texas Department of Health, or any other agency authorized to regulate the handling and ...
• Texas Water Code Section 7.142 - Violations Relating To Unlawful Use Of State Water
  (a) A person commits an offense if the person violates: (1) Section 11.081; (2) Section 11.083; (3) Section 11.084; (4) Section 11.087; (5) Section 11.088; ...
• Texas Water Code Section 7.143 - Violation Of Minimum State Standards Or Model Political Subdivision Rules
  (a) A person commits an offense if the person knowingly or intentionally violates a rule adopted under Subchapter J, Chapter 16. (b) An offense under ...
• Texas Water Code Section 7.145 - Intentional Or Knowing Unauthorized Discharge
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, discharges or allows the discharge of ...
• Texas Water Code Section 7.147 - Unauthorized Discharge
  (a) A person commits an offense if the person discharges or allows the discharge of any waste or pollutant into any water in the state ...
• Texas Water Code Section 7.148 - Failure To Properly Use Pollution Control Measures
  (a) A person commits an offense if the person intentionally or knowingly tampers with, modifies, disables, or fails to use pollution control or monitoring devices, ...
• Texas Water Code Section 7.149 - False Statement
  (a) A person commits an offense if the person intentionally or knowingly makes or causes to be made a false material statement, representation, or certification ...
• Texas Water Code Section 7.150 - Failure To Notify Or Report
  (a) A person commits an offense if the person intentionally or knowingly fails to notify or report to the commission as required under Chapter 26 ...
• Texas Water Code Section 7.151 - Failure To Pay Fee
  (a) A person commits an offense if the person intentionally or knowingly fails to pay a fee required by Chapter 26 or by a rule ...
• Texas Water Code Section 7.152 - Intentional Or Knowing Unauthorized Discharge And Knowing Endangerment
  (a) A person commits an offense if the person, acting intentionally or knowingly, discharges or allows the discharge of a waste or pollutant into or ...
• Texas Water Code Section 7.153 - Intentional Or Knowing Unauthorized Discharge And Endangerment
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, discharges or allows the discharge of ...
• Texas Water Code Section 7.154 - Reckless Unauthorized Discharge And Endangerment
  (a) A person commits an offense if the person, acting recklessly with respect to the person's conduct, discharges or allows the discharge of a waste ...
• Texas Water Code Section 7.155 - Violation Relating To Discharge Or Spill
  (a) A person commits an offense if the person: (1) operates, is in charge of, or is responsible for a facility or vessel that causes ...
• Texas Water Code Section 7.156 - Violation Relating To Underground Storage Tank
  (a) A person or business entity commits an offense if: (1) the person or business entity engages in the installation, repair, or removal of an ...
• Texas Water Code Section 7.1565 - Presumption
  If in the exercise of good faith a person depositing or causing to be deposited a regulated substance into an underground storage tank regulated under ...
• Texas Water Code Section 7.157 - Violation Relating To Injection Wells
  (a) A person commits an offense if the person knowingly or intentionally violates Chapter 27 or a rule adopted or an order or a permit ...
• Texas Water Code Section 7.158 - Violation Relating To Plugging Wells
  (a) A person commits an offense if the person is the owner of a well that is required to be cased or plugged by Chapter ...
• Texas Water Code Section 7.159 - Violation Relating To Water Wells Or Drilled Or Mined Shafts
  (a) A person commits an offense if the person knowingly or intentionally violates Chapter 28 or a commission rule adopted or an order or a ...
• Texas Water Code Section 7.160 - Violation Relating To Certain Subsurface Excavations
  (a) A person commits an offense if the person knowingly or intentionally violates Chapter 31 or a commission rule adopted or an order or a ...
• Texas Water Code Section 7.161 - Violation Relating To Solid Waste In Enclosed Containers Or Vehicles
  (a) An operator of a solid waste facility or a solid waste hauler commits an offense if the operator or hauler disposes of solid waste ...
• Texas Water Code Section 7.162 - Violations Relating To Hazardous Waste
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct: (1) transports, or causes or allows ...
• Texas Water Code Section 7.163 - Violations Relating To Hazardous Waste And Endangerment
  (a) A person commits an offense if: (1) acting intentionally or knowingly, the person transports, processes, stores, exports, or disposes of, or causes to be ...
• Texas Water Code Section 7.164 - Violations Relating To Medical Waste: Large Generator
  (a) A person commits an offense if the person is a large quantity generator and the person, acting intentionally or knowingly with respect to the ...
• Texas Water Code Section 7.165 - Violations Relating To Medical Waste: Small Generator
  (a) A person commits an offense if the person is a small quantity generator and the person, acting intentionally or knowingly with respect to the ...
• Texas Water Code Section 7.166 - Violations Relating To Transportation Of Medical Waste
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct: (1) transports, or causes or allows ...
• Texas Water Code Section 7.167 - False Statements Relating To Medical Waste
  (a) A person commits an offense if the person knowingly: (1) makes a false material statement, or knowingly causes or knowingly allows to be made ...
• Texas Water Code Section 7.168 - Intentional Or Knowing Violation Relating To Medical Waste And Knowing Endangerment
  (a) A person commits an offense if the person, acting intentionally or knowingly, transports, processes, stores, exports, or disposes of, or causes to be transported, ...
• Texas Water Code Section 7.169 - Intentional Or Knowing Violation Relating To Medical Waste And Endangerment
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, transports, processes, stores, exports, or disposes ...
• Texas Water Code Section 7.170 - Intentional Or Knowing Release Of Medical Waste Into Environment And Endangerment
  (a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, releases or causes or allows the ...
• Texas Water Code Section 7.171 - Reckless Release Of Medical Waste Into Environment And Endangerment
  (a) A person commits an offense if the person, acting recklessly with respect to a person's conduct, releases or causes or allows the release of ...
• Texas Water Code Section 7.172 - Failure Of Sewage System Installer To Register
  (a) A person commits an offense if the person violates Section 366.071, Health and Safety Code. (b) Except as provided by this subsection, an offense ...
• Texas Water Code Section 7.173 - Violation Relating To Sewage Disposal
  (a) A person commits an offense if the person violates a rule adopted by the commission under Chapter 366, Health and Safety Code, or an ...
• Texas Water Code Section 7.1735 - Violation Relating To Maintenance Of Sewage Disposal System
  (a) A person commits an offense if the person knowingly violates an order or resolution adopted by an authorized agent under Section 366.0515, Health and ...
• Texas Water Code Section 7.174 - Violation Of Sewage Disposal System Permit Provision
  (a) A person commits an offense if the person begins to construct, alter, repair, or extend an on-site sewage disposal system owned by another person ...
• Texas Water Code Section 7.175 - Emergency Repair Not An Offense
  An emergency repair to an on-site sewage disposal system without a permit in accordance with the rules adopted under Section 366.012(a)(1)(C), Health and Safety Code, ...
• Texas Water Code Section 7.176 - Violations Relating To Handling Of Used Oil
  (a) A person commits an offense if the person: (1) intentionally discharges used oil into: (A) a sewer or septic tank; or (B) a drainage ...
• Texas Water Code Section 7.177 - Violations Of Clean Air Act
  (a) A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates: (1) Section 382.0518(a), Health and Safety ...
• Texas Water Code Section 7.178 - Failure To Pay Fees Under Clean Air Act
  (a) A person commits an offense if the person intentionally or knowingly does not pay a fee required by Chapter 382, Health and Safety Code, ...
• Texas Water Code Section 7.179 - False Representations Under Clean Air Act
  (a) A person commits an offense if the person intentionally or knowingly makes or causes to be made a false material statement, representation, or certification ...
• Texas Water Code Section 7.180 - Failure To Notify Under Clean Air Act
  (a) A person commits an offense if the person intentionally or knowingly does not notify or report to the commission as required by Chapter 382, ...
• Texas Water Code Section 7.181 - Improper Use Of Monitoring Device
  (a) A person commits an offense if the person intentionally or knowingly tampers with, modifies, disables, or fails to use a required monitoring device; tampers ...
• Texas Water Code Section 7.182 - Reckless Emission Of Air Contaminant And Endangerment
  (a) A person commits an offense if the person recklessly, with respect to the person's conduct, emits an air contaminant that places another person in ...
• Texas Water Code Section 7.183 - Intentional Or Knowing Emission Of Air Contaminant And Knowing Endangerment
  (a) A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, emits an air contaminant with the knowledge ...
• Texas Water Code Section 7.184 - Violations Relating To Low-Level Radioactive Waste
  (a) A person commits an offense if the person: (1) intentionally or knowingly violates a provision of Chapter 401, Health and Safety Code, other than ...
• Texas Water Code Section 7.185 - Knowing Or Intentional Unauthorized Disposal Of Lead-Acid Batteries
  (a) A person commits an offense if the person knowingly or intentionally disposes of a lead-acid battery other than as provided by Section 361.451, Health ...
• Texas Water Code Section 7.186 - Separate Offenses
  Each day a person engages in conduct proscribed by this subchapter constitutes a separate offense. Added by Acts 1997, 75th Leg., ch. 1072, § 2, ...
• Texas Water Code Section 7.187 - Penalties
  A person convicted of an offense under this subchapter is punishable by: (1) a fine, as imposed under the section creating the offense, of: (A) ...
• Texas Water Code Section 7.188 - Repeat Offenses
  If it is shown at the trial of the defendant that the defendant has previously been convicted of the same offense under this subchapter, the ...
• Texas Water Code Section 7.189 - Venue
  Venue for prosecution of an alleged violation under this subchapter is in: (1) the county in which the violation is alleged to have occurred; (2) ...
• Texas Water Code Section 7.190 - Disposition Of Fines
  A fine recovered through a prosecution brought under this subchapter shall be divided equally between the state and any local government significantly involved in prosecuting ...
• Texas Water Code Section 7.191 - Notice Of Conviction
  In addition to a sentence that may be imposed under this subchapter, a person other than an individual that has been adjudged guilty of an ...
• Texas Water Code Section 7.192 - Judgment Of Conviction
  On conviction under this subchapter, the clerk of the court in which the conviction is returned shall send a copy of the judgment to the ...
• Texas Water Code Section 7.193 - Peace Officers
  For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are peace officers. Those agents and employees are empowered ...
• Texas Water Code Section 7.194 - Allegations
  In alleging the name of a defendant private corporation, it is sufficient to state in the complaint, indictment, or information the corporate name or to ...
• Texas Water Code Section 7.195 - Summons And Arrest
  (a) After a complaint is filed or an indictment or information presented against a private corporation under this subchapter, the court or clerk shall issue ...
• Texas Water Code Section 7.196 - Service Of Summons
  (a) A peace officer shall serve a summons on a private corporation by personally delivering a copy of it to the corporation's registered agent for ...
• Texas Water Code Section 7.197 - Arraignment And Pleadings
  In any criminal action instituted against a private corporation under this subchapter: (1) appearance is for the purpose of arraignment; and (2) the corporation has ...
• Texas Water Code Section 7.198 - Appearance
  (a) A defendant private corporation appears through counsel or its representative. (b) If a private corporation does not appear in response to summons or appears ...
• Texas Water Code Section 7.199 - Fine Treated As Judgment In Civil Action
  If a person other than an individual is found guilty of a violation of this subchapter and a fine is imposed, the fine shall be ...
• Texas Water Code Section 7.200 - Effect On Certain Other Laws
  Conduct punishable as an offense under this subchapter that is also punishable under another law may be prosecuted under either law. Added by Acts 1997, ...
• Texas Water Code Section 7.201 - Defense Excluded
  It is not a defense to prosecution under this subchapter that the person did not know of or was not aware of a rule, order, ...
• Texas Water Code Section 7.202 - Proof Of Knowledge
  In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury ...
• Texas Water Code Section 7.203 - Criminal Enforcement Review
  (a) This section is applicable to criminal prosecution of alleged environmental violations of this code, of the Health and Safety Code, or of any other ...
• Texas Water Code Section 7.251 - Act Of God
  If a person can establish that an event that would otherwise be a violation of a statute within the commission's jurisdiction or a rule adopted ...
• Texas Water Code Section 7.252 - Defenses To Endangerment Offenses
  It is an affirmative defense to prosecution under Section 7.152, 7.153, 7.154, 7.163, 7.168, 7.169, 7.170, 7.171, 7.182, or 7.183 that: (1) the conduct charged ...
• Texas Water Code Section 7.253 - Defenses Available To Person Responsible For Solid Waste Violations
  (a) For purposes of an enforcement action initiated under this chapter, a person responsible for solid waste under Section 361.271, Health and Safety Code, is ...
• Texas Water Code Section 7.254 - Defense To Used Oil Offenses
  It is an affirmative defense to prosecution under Section 7.176 that the person unknowingly disposed of used oil into the environment because the used oil ...
• Texas Water Code Section 7.255 - Defense Excluded
  Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the commission does not relieve that person from liability ...
• Texas Water Code Section 7.301 - Definition
  In this subchapter: (1) "License," "certificate," "registration," and "exemption" have the meanings assigned by commission rule. (2) "Permit holder" or "holder of a permit" includes ...
• Texas Water Code Section 7.302 - Grounds For Revocation Or Suspension Of Permit
  (a) This section applies to a permit or exemption issued by the commission under: (1) Chapter 26, 27, 28, or 31 of this code; (2) ...
• Texas Water Code Section 7.303 - Grounds For Revocation Or Suspension Of License, Certificate, Or Registration
  (a) This section applies to a license, certificate, or registration issued: (1) by the commission under: (A) Section 26.0301; (B) Chapter 37; (C) Section 361.0861, ...
• Texas Water Code Section 7.304 - Suspension Of Registration Or Reimbursement Payment Issued Under Waste Tire Recycling Program
  Notwithstanding Sections 7.303, 7.305, and 7.306, the commission may suspend a registration of or reimbursement payment to a waste tire processor, waste tire transporter, waste ...
• Texas Water Code Section 7.305 - Procedures
  The commission by rule shall establish procedures for public notice and any public hearing under this subchapter. The procedures shall provide for notice to a ...
• Texas Water Code Section 7.306 - Hearings
  A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the commission and the applicable provisions of Chapter 2001, ...
• Texas Water Code Section 7.307 - Consent
  If the holder of a permit, license, certificate, or registration requests or consents to the revocation or suspension of the permit, license, certificate, or registration, ...
• Texas Water Code Section 7.308 - Other Relief
  A proceeding brought by the commission under this subchapter does not affect the commission's authority to bring suit for injunctive relief or penalty or both ...
• Texas Water Code Section 7.309 - Probation Requirements
  If a license, certificate, or registration suspension is probated, the commission may require the holder of the license, certificate, or registration: (1) to report regularly ...
• Texas Water Code Section 7.310 - Revocation Or Suspension By County
  With respect to a license, certificate, or registration issued by a county under a statute or rule within the commission's jurisdiction, the issuing county may ...
• Texas Water Code Section 7.351 - Civil Suits
  (a) If it appears that a violation or threat of violation of Chapter 16, 26, or 28 of this code, Chapter 361, 371, 372, or ...
• Texas Water Code Section 7.352 - Resolution Required
  In the case of a violation of Chapter 26 of this code or Chapter 382, Health and Safety Code, a local government may not exercise ...
• Texas Water Code Section 7.353 - Commission Necessary Party
  In a suit brought by a local government under this subchapter, the commission is a necessary and indispensable party. Added by Acts 1997, 75th Leg., ...
• Texas Water Code Section 7.354 - Costs And Fees
  A penalty collected in a suit under this subchapter for a violation of Chapter 28 of this code or Chapter 401, Health and Safety Code, ...
• Texas Water Code Section 7.355 - Complaints
  In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with the commission a ...
• Texas Water Code Section 7.356 - Commission Reply
  The commission shall reply to the local government or person affected who filed a complaint under Section 7.355 in writing not later than the 60th ...
• Texas Water Code Section 7.357 - Prosecution
  A local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter ...
• Texas Water Code Section 7.358 - Other Requirements
  In the case of a violation of Chapter 1903, Occupations Code, the regulatory authority of any local government may require compliance with any reasonable inspection ...
• Texas Water Code Section 8.001 - Definitions
  In this chapter: (1) "Commission" means the Multi-State Water Resources Planning Commission. (2) "Commissioner" means a member of the commission. (3) "Board" means the Texas ...
• Texas Water Code Section 8.011 - Creation Of Commission
  The Multi-State Water Resources Planning Commission is created as an agency of the state. Added by Acts 1985, 69th Leg., ch. 39, § 1, eff. ...
• Texas Water Code Section 8.013 - Members Of Commission; Appointment
  (a) The commission is composed of seven commissioners who are appointed by the governor with the advice and consent of the senate. (b) The governor ...
• Texas Water Code Section 8.014 - Officers Of The State; Oath
  Each commissioner is an officer of the state as that term is used in the constitution, and each commissioner shall qualify by taking the official ...
• Texas Water Code Section 8.015 - Terms Of Office
  (a) Commissioners hold office for staggered terms of six years, with the terms of two or three commissioners expiring on February 1 of each odd-numbered ...
• Texas Water Code Section 8.016 - Chairman
  The governor shall designate one commissioner as chairman of the commission to serve at the will of the governor. Added by Acts 1985, 69th Leg., ...
• Texas Water Code Section 8.017 - Commission Meetings
  (a) The commission shall meet at least quarterly on a day and at a place within the state selected by it. (b) A meeting of ...
• Texas Water Code Section 8.018 - Compensation; Expenses
  Each commissioner is entitled to receive the amount provided by the General Appropriations Act for his services together with travel and other necessary expenses as ...
• Texas Water Code Section 8.019 - Staff
  The board shall provide necessary staff and support to the commission to assist the commission in carrying out this chapter. Added by Acts 1985, 69th ...
• Texas Water Code Section 8.020 - Special Representatives
  In cooperating with or carrying out discussions with a particular state under Section 8.051 of this code or in negotiating with a particular state under ...
• Texas Water Code Section 8.051 - Interaction With Other States
  (a) In cooperation with representatives of neighboring states, the commission shall study the water needs of the region after the year 2000. (b) The commission ...
• Texas Water Code Section 8.052 - Interaction With Mexico
  The commission shall contract and confer with the government of Mexico concerning water needs and development of sources of water supply. Added by Acts 1985, ...
• Texas Water Code Section 8.053 - Studies
  The commission shall request the board to prepare studies that consider utilization of only that floodwater that is determined to be in excess of the ...
• Texas Water Code Section 8.054 - Designating Water Deficient Areas
  The commission shall designate areas of the state in which the present and future water supply is not sufficient to meet the future requirements of ...
• Texas Water Code Section 8.055 - Reports
  The commission shall make recommendations to the governor and to the legislature relating to potential water source areas and the necessary methods to bring the ...
• Texas Water Code Section 8.056 - Compacts
  The commission shall contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer ...
• Texas Water Code Section 9.001 - Definitions
  In this chapter: (1) "Authority" means an entity listed in Section 9.010(b). (2) "Board" means the governing body of an authority. (3) "Commission" means the ...
• Texas Water Code Section 9.002 - Creation And Membership
  (a) The council is created to provide the governor, lieutenant governor, speaker of the house of representatives, and legislature with the resource of a select ...
• Texas Water Code Section 9.003 - Terms
  (a) Public members serve staggered three-year terms. (b) Public members may be reappointed to serve additional terms. (c) Legislative members serve at the discretion of ...
• Texas Water Code Section 9.004 - Officers Of The Council
  (a) The council shall elect a chair from among the legislative members of the council. The chair of the council shall serve a two-year term. ...
• Texas Water Code Section 9.005 - Council Staff
  On request by the council, the senate and house standing committees with primary responsibility over water resource management, the commission, the Parks and Wildlife Department, ...
• Texas Water Code Section 9.006 - Meetings
  (a) The council shall conduct public meetings at the discretion of the chair at least twice a year. Eight members constitute a quorum. (b) The ...
• Texas Water Code Section 9.007 - Compensation Of Members
  (a) Members of the council serve without compensation but public members may be reimbursed by legislative appropriation for actual and necessary expenses related to the ...
• Texas Water Code Section 9.008 - Powers And Duties Of Council
  (a) The governor, lieutenant governor, and speaker of the house of representatives may issue charges to the council on state water issues. The council shall ...
• Texas Water Code Section 9.009 - Report
  (a) The council shall submit a report on its recommendations to the governor, lieutenant governor, and speaker of the house of representatives and to the ...
• Texas Water Code Section 9.013 - Gifts And Grants
  The council may accept gifts and grants from any source to carry out the purposes of this chapter. The use of gifts and grants other ...
• Texas Water Code Section 9.014 - Funding
  (a) The interagency water advisory account is a special account in the general revenue fund. (b) The interagency water advisory account consists of legislative appropriations, ...
• Texas Water Code Section 9.015 - Continuing Right Of Supervision
  Nothing in this chapter affects the continuing right of supervision over authorities by the commission as provided by Section 12.081. Added by Acts 2001, 77th ...
• Texas Water Code Section 9.016 - Public Participation
  The council shall encourage public participation at council meetings and public input regarding the council's purpose, the exercise of its powers and duties under Section ...
• Texas Water Code Section 11.001 - Vested Rights Not Affected
  (a) Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this ...
• Texas Water Code Section 11.002 - Definitions
  In this chapter and in Chapter 12 of this code: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Board" means the Texas Water ...
• Texas Water Code Section 11.003 - Streams That Form Boundaries Included
  This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state. Amended ...
• Texas Water Code Section 11.004 - Commission To Receive Certified Copies Of Judgments, Etc
  When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting ...
• Texas Water Code Section 11.005 - Applicability To Works Under Federal Reclamation Act
  This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C. ...
• Texas Water Code Section 11.021 - State Water
  (a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of ...
• Texas Water Code Section 11.022 - Acquisition Of Right To Use State Water
  The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When ...
• Texas Water Code Section 11.023 - Purposes For Which Water May Be Appropriated
  (a) State water may be appropriated, stored, or diverted for: (1) domestic and municipal uses, including water for sustaining human life and the life of ...
• Texas Water Code Section 11.0235 - Policy Regarding Waters Of The State
  (a) The waters of the state are held in trust for the public, and the right to use state water may be appropriated only as ...
• Texas Water Code Section 11.024 - Appropriation: Preferences
  In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy ...
• Texas Water Code Section 11.025 - Scope Of Appropriative Right
  A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to ...
• Texas Water Code Section 11.026 - Perfection Of An Appropriation
  No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to ...
• Texas Water Code Section 11.027 - Rights Between Appropriators
  As between appropriators, the first in time is the first in right. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. ...
• Texas Water Code Section 11.0275 - Fair Market Value
  Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money ...
• Texas Water Code Section 11.029 - Title To Appropriation By Limitation
  When an appropriator from a source of water supply has used water under the terms of a certified filing or a permit for a period ...
• Texas Water Code Section 11.030 - Forfeiture Of Appropriation
  If any lawful appropriation or use of state water is wilfully abandoned during any three successive years, the right to use the water is forfeited ...
• Texas Water Code Section 11.031 - Annual Report
  (a) Not later than March 1 of each year, each person who has a water right issued by the commission or who impounded, diverted, or ...
• Texas Water Code Section 11.032 - Records
  (a) A person who owns and operates a system of waterworks used for a purpose authorized by this code shall keep a detailed record of ...
• Texas Water Code Section 11.033 - Eminent Domain
  The right to take water necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses water ...
• Texas Water Code Section 11.034 - Reservoir Site: Land And Rights-Of-Way
  An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area ...
• Texas Water Code Section 11.035 - Condemnation Of Private Property
  (a) An appropriator may obtain rights-of-way over private land and may obtain the land necessary for pumping plants, intakes, headgates, and storage reservoirs by condemnation. ...
• Texas Water Code Section 11.036 - Conserved Or Stored Water: Supply Contract
  (a) A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that ...
• Texas Water Code Section 11.037 - Water Suppliers: Rules And Regulations
  (a) Every person, association of persons, corporation, or irrigation district conserving or supplying water for any of the purposes authorized by this chapter shall make ...
• Texas Water Code Section 11.038 - Rights Of Owners Of Land Adjoining Canal, Etc
  (a) A person who owns or holds a possessory interest in land adjoining or contiguous to a canal, ditch, flume, lateral, dam, reservoir, or lake ...
• Texas Water Code Section 11.039 - Distribution Of Water During Shortage
  (a) If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation ...
• Texas Water Code Section 11.040 - Permanent Water Right
  (a) A permanent water right is an easement and passes with the title to land. (b) A written instrument conveying a permanent water right may ...
• Texas Water Code Section 11.041 - Denial Of Water: Complaint
  (a) Any person entitled to receive or use water from any canal, ditch, flume, lateral, dam, reservoir, or lake or from any conserved or stored ...
• Texas Water Code Section 11.042 - Delivering Water Down Banks And Beds
  (a) Under rules prescribed by the commission, a person, association of persons, corporation, water control and improvement district, water improvement district, or irrigation district supplying ...
• Texas Water Code Section 11.043 - Recordation Of Conveyance Of Irrigation Work
  (a) A conveyance of a ditch, canal, or reservoir or other irrigation work or an interest in such an irrigation work must be executed and ...
• Texas Water Code Section 11.044 - Roads And Highways
  (a) An appropriator has the right to construct ditches, canals, or pipelines along or across all roads and highways necessary for the construction of waterworks. ...
• Texas Water Code Section 11.045 - Ditches And Canals
  An appropriator is entitled to construct ditches and canals along or across any stream of water. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
• Texas Water Code Section 11.046 - Return Surplus Water
  (a) A person who takes or diverts water from a watercourse or stream for the purposes authorized by this code shall conduct surplus water back ...
• Texas Water Code Section 11.047 - Failure To Fence
  If a person, association of persons, corporation, or water improvement or irrigation district that owns or controls a ditch, canal, reservoir, dam, or lake does ...
• Texas Water Code Section 11.048 - Cost Of Maintaining Irrigation Ditch
  (a) If an irrigation ditch is owned or used by two or more persons, mutual or cooperative companies, or corporations, each party who has an ...
• Texas Water Code Section 11.049 - Examination And Survey
  A person may make any necessary examination and survey in order to select the most advantageous sites for a reservoir and rights-of-way to be used ...
• Texas Water Code Section 11.050 - Tidewater Gates, Etc
  (a) An appropriator authorized to take water for irrigation, subject to the laws of the United States and the regulations made under its authority, may ...
• Texas Water Code Section 11.051 - Irrigation: Lien On Crops
  (a) A person who constructs a ditch, canal, dam, lake, or reservoir for the purpose of irrigation and who leases, rents, furnishes, or supplies water ...
• Texas Water Code Section 11.052 - Activities Under The Federal Reclamation Act
  The Secretary of the Interior of the United States is authorized to conduct any activities in this state necessary to perform his duties under the ...
• Texas Water Code Section 11.081 - Unlawful Use Of State Water
  No person may wilfully take, divert, or appropriate any state water for any purpose without first complying with all applicable requirements of this chapter. Amended ...
• Texas Water Code Section 11.082 - Unlawful Use: Civil Penalty
  (a) A person who wilfully takes, diverts, or appropriates state water without complying with the applicable requirements of this chapter is also liable to a ...
• Texas Water Code Section 11.083 - Other Unlawful Taking
  (a) No person may wilfully open, close, change, or interfere with any headgate or water box without lawful authority. (b) No person may wilfully use ...
• Texas Water Code Section 11.084 - Sale Of Permanent Water Right Without A Permit
  No person may sell or offer to sell a permanent water right unless he has perfected a right to appropriate state water by a certified ...
• Texas Water Code Section 11.0841 - Civil Remedy
  (a) Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available ...
• Texas Water Code Section 11.0842 - Administrative Penalty
  (a) If a person violates this chapter, a rule or order adopted under this chapter or Section 16.236 of this code, or a permit, certified ...
• Texas Water Code Section 11.0843 - Field Citation
  (a) Upon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, a watermaster or the ...
• Texas Water Code Section 11.085 - Interbasin Transfers
  (a) No person may take or divert any state water from a river basin in this state and transfer such water to any other river ...
• Texas Water Code Section 11.086 - Overflow Caused By Diversion Of Water
  (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to ...
• Texas Water Code Section 11.087 - Diversion Of Water On International Stream
  (a) When storm water or floodwater is released from a dam or reservoir on an international stream and the water is designated for use or ...
• Texas Water Code Section 11.0871 - Temporary Diversion Of Water On International Stream
  (a) The commission may authorize, under conditions stated in an order, a watermaster to provide for the temporary diversion and use by holders of water ...
• Texas Water Code Section 11.088 - Destruction Of Waterworks
  No person may wilfully cut, dig, break down, destroy, or injure or open a gate, bank, embankment, or side of any ditch, canal, reservoir, flume, ...
• Texas Water Code Section 11.089 - Johnson Grass Or Russian Thistle
  (a) No person who owns, leases, or operates a ditch, canal, or reservoir or who cultivates land abutting a reservoir, ditch, flume, canal, wasteway, or ...
• Texas Water Code Section 11.090 - Polluting And Littering
  No person may deposit in any canal, lateral, reservoir, or lake, used for a purpose named in this chapter, the carcass of any dead animal, ...
• Texas Water Code Section 11.091 - Interference With Delivery Of Water Under Contract
  No person may wilfully take, divert, appropriate, or interfere with the delivery of conserved or stored water under Section 11.042 of this code. Amended by ...
• Texas Water Code Section 11.092 - Wasteful Use Of Water
  A person who owns or has a possessory right to land contiguous to a canal or irrigation system and who acquires the right by contract ...
• Texas Water Code Section 11.093 - Abatement Of Waste As Public Nuisance
  (a) A person who permits an unreasonable loss of water through faulty design or negligent operation of any waterworks using water for a purpose named ...
• Texas Water Code Section 11.094 - Penalty For Use Of Works Declared Public Nuisance
  No person may operate or attempt to operate any waterworks or irrigation system or use any water under contract with any waterworks or irrigation system ...
• Texas Water Code Section 11.096 - Obstruction Of Navigable Streams
  No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by ...
• Texas Water Code Section 11.097 - Removal Of Obstructions From Navigable Streams
  (a) On its own motion or on written request from a commissioners court, the commission shall investigate a reported natural obstruction in a navigable stream ...
• Texas Water Code Section 11.121 - Permit Required
  Except as provided in Sections 11.142, 11.1421, and 11.1422 of this code, no person may appropriate any state water or begin construction of any work ...
• Texas Water Code Section 11.122 - Amendments To Water Rights Required
  (a) All holders of permits, certified filings, and certificates of adjudication issued under Section 11.323 of this code shall obtain from the commission authority to ...
• Texas Water Code Section 11.123 - Permit Preferences
  The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum ...
• Texas Water Code Section 11.124 - Application For Permit
  (a) An application to appropriate unappropriated state water must: (1) be in writing and sworn to; (2) contain the name and post-office address of the ...
• Texas Water Code Section 11.125 - Map Or Plat
  (a) The application must be accompanied by a map or plat drawn on tracing linen on a scale not less than one inch equals 2,000 ...
• Texas Water Code Section 11.126 - Commission Requirements
  (a) If the proposed taking or diversion of water for irrigation exceeds nine cubic feet per second, the executive director may require additional information as ...
• Texas Water Code Section 11.127 - Additional Requirements: Drainage Plans
  If the commission believes that the efficient operation of any existing or proposed irrigation system may be adversely affected by lack of adequate drainage facilities ...
• Texas Water Code Section 11.1271 - Additional Requirements: Water Conservation Plans
  (a) The commission shall require from an applicant for a new or amended water right the formulation and submission of a water conservation plan and ...
• Texas Water Code Section 11.1272 - Additional Requirement: Drought Contingency Plans For Certain Applicants And Water Right Holders
  (a) The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate ...
• Texas Water Code Section 11.128 - Payment Of Fee
  If the applicant is not exempted from payment of the filing fee under Section 12.112 of this code, he shall pay the filing fee prescribed ...
• Texas Water Code Section 11.129 - Review Of Application; Amendment
  The commission shall determine whether the application, maps, and other materials comply with the requirements of this chapter and the rules of the commission. The ...
• Texas Water Code Section 11.130 - Recording Applications
  (a) The executive director shall have all applications for appropriations recorded in a well-bound book kept for that purpose in the commission office. (b) The ...
• Texas Water Code Section 11.131 - Examination And Denial Of Application Without Hearing
  (a) The commission shall make a preliminary examination of the application, and if it appears that there is no unappropriated water in the source of ...
• Texas Water Code Section 11.1311 - Approval Of Certain Applications Without Hearing
  (a) If a permit for a reservoir project which is listed on the effective date of this section as a recommended project in the current ...
• Texas Water Code Section 11.132 - Notice
  (a) Notice shall be given to the persons who in the judgment of the commission may be affected by an application, including those persons listed ...
• Texas Water Code Section 11.133 - Hearing
  At the time and place stated in the notice, the commission shall hold a hearing on the application. Any person may appear at the hearing ...
• Texas Water Code Section 11.134 - Action On Application
  (a) After the hearing, the commission shall make a written decision granting or denying the application. The application may be granted or denied in whole ...
• Texas Water Code Section 11.135 - Issuance Of Permit
  (a) On approval of an application, the commission shall issue a permit to the applicant. The applicant's right to take and use water is limited ...
• Texas Water Code Section 11.1351 - Permit Restrictions
  In granting an application, the commission may direct that stream flow restrictions and other conditions and restrictions be placed in the permit being issued to ...
• Texas Water Code Section 11.136 - Recording Of Permit
  (a) The commission shall transmit the permit by registered mail to the county clerk of the county in which the appropriation is to be made. ...
• Texas Water Code Section 11.137 - Seasonal Permits
  (a) The commission may issue seasonal permits in the same manner that it issues regular permits. The provisions of this chapter governing issuance of regular ...
• Texas Water Code Section 11.138 - Temporary Permits
  (a) The commission may issue temporary permits for beneficial purposes to the extent that they do not interfere with or adversely affect prior appropriations or ...
• Texas Water Code Section 11.1381 - Term Permits
  (a) Until a water right is perfected to the full extent provided by Section 11.026 of this code, the commission may issue permits for a ...
• Texas Water Code Section 11.139 - Emergency Authorizations
  (a) Except as provided by Section 11.148 of this code, the commission may grant an emergency permit, order, or amendment to an existing permit, certified ...
• Texas Water Code Section 11.140 - Permits For Storage For Project Development
  The commission may issue permits for storage solely for the purpose of optimum development of projects. The commission may convert these permits to permits for ...
• Texas Water Code Section 11.141 - Date Of Priority
  When the commission issues a permit, the priority of the appropriation of water and the claimant's right to use the water date from the date ...
• Texas Water Code Section 11.142 - Permit Exemptions
  (a) Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than ...
• Texas Water Code Section 11.1421 - Permit Exemption For Mariculture Activities
  (a) In this section, "mariculture" means the propagation and rearing of aquatic species, including shrimp, other crustaceans, finfish, mollusks, and other similar creatures in a ...
• Texas Water Code Section 11.1422 - Permit Exemption For Historic Cemeteries
  (a) Without obtaining a permit, a tax-exempt nonprofit corporation that owns a cemetery may divert from a river not more than 200 acre-feet of water ...
• Texas Water Code Section 11.143 - Use Of Water From Exempt Dam Or Reservoir For Nonexempt Purposes
  (a) The owner of a dam or reservoir exempted under Section 11.142(a) or (b) who desires to use water from the dam or reservoir for ...
• Texas Water Code Section 11.144 - Approval For Alterations
  All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any ...
• Texas Water Code Section 11.145 - When Construction Must Begin
  (a) If a permit is for appropriation by direct diversion, construction of the proposed facilities shall begin within the time fixed by the commission, which ...
• Texas Water Code Section 11.146 - Forfeitures And Cancellation Of Permit For Inaction
  (a) If a permittee fails to begin construction within the time specified in Section 11.145 of this code, he forfeits all rights to the permit, ...
• Texas Water Code Section 11.147 - Effects Of Permit On Bays And Estuaries And Instream Uses<