SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 5.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "Executive director" means the...
SUBCHAPTER B ORGANIZATION OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
- Texas Section 5.002 - Scope Of Chapter
The powers and duties enumerated in this chapter are the general powers and duties of the commission and those incidental to the conduct of its...
- Texas Section 5.011 - Purpose Of Chapter
It is the purpose of this chapter to provide an organizational structure for the commission that will provide more efficient and effective administration of the...
- Texas Section 5.012 - Declaration Of Policy
The commission is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to the conservation of...
- Texas Section 5.013 - General Jurisdiction Of Commission
(a) The commission has general jurisdiction over: (1) water and water rights including the issuance of water rights permits, water rights adjudication, cancellation of water...
- Texas Section 5.014 - Sunset Provision
The Texas Commission on Environmental Quality is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter,...
SUBCHAPTER C TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
- Texas Section 5.015 - Construction Of Title
This title shall be liberally construed to allow the commission and the executive director to carry out their powers and duties in an efficient and...
- Texas Section 5.051 - Commission
The Texas Natural Resource Conservation Commission is created as an agency of the state. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff....
- Texas Section 5.052 - Members Of The Commission; Appointment
(a) The commission is composed of three members who are appointed by the governor with the advice and consent of the senate to represent the...
- Texas Section 5.053 - Eligibility For Membership
(a) A person may not be a member of the commission if the person or the person's spouse: (1) is registered, certified, licensed, permitted, or...
- Texas Section 5.0535 - Required Training Program For Commission Members
(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
- Texas Section 5.054 - Removal Of Commission Members
(a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 5.055 - Officers Of State; Oath
Each member of the commission is an officer of the state as that term is used in the constitution, and each member shall qualify by...
- Texas Section 5.056 - Terms Of Office
(a) The members of the commission hold office for staggered terms of six years, with the term of one member expiring every two years. Each...
- Texas Section 5.057 - Full-time Service
Each member of the commission shall serve on a full-time basis. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
- Texas Section 5.058 - Officers; Meetings
(a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure...
- Texas Section 5.059 - 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 Section 5.060 - Lobbyist Prohibition
A person may not be a member of the commission or act as general counsel to the commission if the person is required to register...
SUBCHAPTER D GENERAL POWERS AND DUTIES OF THE COMMISSION
- Texas Section 5.061 - Prohibition On Accepting Campaign Contributions
A member of the commission may not accept a contribution to a campaign for election to an elected office. If a member of the commission...
- Texas Section 5.101 - Scope Of Subchapter
The powers and duties provided by this subchapter are the general powers and duties of the commission and those incidental to the conduct of its...
- Texas Section 5.102 - General Powers
(a) The commission has the powers to perform any acts whether specifically authorized by this code or other law or implied by this code or...
- Texas Section 5.103 - Rules
(a) The commission shall adopt any rules necessary to carry out its powers and duties under this code and other laws of this state. (b)...
- Texas Section 5.1031 - Negotiated Rulemaking And Alternative Dispute Resolution
(a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 5.1035 - Rules Regarding Drinking-water Standards
Before adopting rules regarding statewide drinking-water standards, the commission shall hold public meetings, if requested, at its regional offices to allow municipalities, water supply corporations,...
- Texas Section 5.104 - Memoranda Of Understanding
(a) The commission and board by rule shall develop memoranda of understanding as necessary to clarify and provide for their respective duties, responsibilities, or functions...
- Texas Section 5.105 - General Policy
Except as otherwise specifically provided by this code, the commission, by rule, shall establish and approve all general policy of the commission. Amended by Acts...
- Texas Section 5.106 - Budget Approval
The commission shall examine and approve all budget recommendations for the commission that are to be transmitted to the legislature. Amended by Acts 1985, 69th...
- Texas Section 5.107 - Advisory Committees, Work Groups, And Task Forces
(a) The commission or the executive director may create and consult with advisory committees, work groups, or task forces, including committees, work groups, or task...
- Texas Section 5.108 - Executive Director
(a) The commission shall appoint an executive director to serve at the will of the commission. (b) The board shall exercise the powers of appointment...
- Texas Section 5.109 - Chief Clerk
(a) The commission shall appoint a chief clerk who shall serve at the will of the commission. (b) The chief clerk shall assist the commission...
- Texas Section 5.110 - General Counsel
(a) The commission shall appoint a general counsel who shall serve at the will of the commission. (b) The general counsel is the chief legal...
- Texas Section 5.111 - Standards Of Conduct
The commission shall provide to its members, appointees, and employees as often as is necessary information regarding their qualifications under this code and their responsibilities...
- Texas Section 5.112 - Public Testimony Policy
The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on...
- Texas Section 5.113 - Commission And Staff Responsibility Policy
The commission shall develop and implement policies that clearly separate the respective responsibilities of the commission and the staff. Amended by Acts 1985, 69th Leg.,...
- Texas Section 5.114 - Applications And Other Documents
Applications and other documents to be filed with the commission for final action under this code shall be filed with the executive director and handled...
- Texas Section 5.115 - Persons Affected In Commission Hearings; Notice Of Application
(a) For the purpose of an administrative hearing held by or for the commission involving a contested case, "affected person," or "person affected," or "person...
- Texas Section 5.116 - Hearings; Recess
The commission may recess any hearing or examination from time to time and from place to place. Amended by Acts 1985, 69th Leg., ch. 795,...
- Texas Section 5.117 - Mandatory Enforcement Hearing
(a) The executive director shall monitor compliance with all permits and licenses issued by the commission under this code, and if the evidence available to...
- Texas Section 5.1175 - Payment Of Penalty By Installment
(a) The commission by rule may allow a person who owes a monetary civil or administrative penalty imposed for a violation of law within the...
- Texas Section 5.118 - Power To Administer Oaths
Each member of the commission, the chief clerk, or a hearings examiner may administer oaths in any hearing or examination on any matter submitted to...
- Texas Section 5.119 - Commission To Be Knowledgeable
The commission shall be knowledgeable of the watercourses and natural resources of the state and of the needs of the state concerning the use, storage...
- Texas Section 5.1191 - Research Model
(a) In this section, "research model" means a mechanism for developing a plan to address the commission's practical regulatory needs. The commission's plan shall be...
- Texas Section 5.1192 - Coordination Of Research
(a) The commission shall facilitate and coordinate environmental research in the state according to the research model developed under Section 5.1191. (b) The commission shall...
- Texas Section 5.1193 - Report
The commission shall include in the reports required by Section 5.178 a description of cooperative research efforts, an accounting of money spent on research, and...
- Texas Section 5.120 - Conservation And Quality Of Environment
The commission shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and...
- Texas Section 5.121 - Public Information
(a) The commission shall comply with Section 2001.004, Government Code, by indexing and making available for public inspection all rules and all other written statements...
- Texas Section 5.122 - Delegation Of Uncontested Matters To Executive Director
(a) The commission by rule or order may delegate to the executive director the commission's authority to act on an application or other request to...
- Texas Section 5.124 - Authority To Award Grants
(a) With the consent of the commission, the executive director may award grants for any purpose regarding resource conservation or environmental protection in accordance with...
- Texas Section 5.125 - Cost-sharing For Environmental Compliance Assessments By Certain Businesses
(a) In this section, "environmental compliance assessment" means an environmental compliance audit, pollution prevention assessment, or environmental management system audit performed by a small business....
- Texas Section 5.126 - Report On Enforcement Actions
(a) Not later than December 1 of each year, the commission shall: (1) prepare an electronic report on its enforcement actions for the preceding fiscal...
- Texas Section 5.127 - Environmental Management Systems
(a) In this section, "environmental management system" means a documented management system to address applicable environmental regulatory requirements that includes organizational structure, planning activities, responsibilities,...
- Texas Section 5.128 - Electronic Reporting To Commission; Electronic Transmission Of Information By Commission; Reduction Of Duplicate Reporting
Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE REPORTING. (a) The commission shall encourage the use of electronic...
- Texas Section 5.129 - Summary For Public Notices
(a) The commission by rule shall provide for each public notice issued or published by the commission or by a person under the jurisdiction of...
- Texas Section 5.130 - Consideration Of Cumulative Risks
The commission shall: (1) develop and implement policies, by specific environmental media, to protect the public from cumulative risks in areas of concentrated operations; and...
- Texas Section 5.132 - Creation Of Performance Measures For Innovative Regulatory Programs
The commission shall work with the Legislative Budget Board to create performance measures that assess the improvements in environmental quality achieved by innovative regulatory programs...
- Texas Section 5.133 - Actions In Mexico
The commission may take and finance any action in Mexico, in cooperation with governmental authorities of Mexico, that in the opinion of the commission: (1)...
- Texas Section 5.134 - Use Of Environmental Testing Laboratory Data And Analysis
(a) The commission may accept environmental testing laboratory data and analysis for use in commission decisions regarding any matter under the commission's jurisdiction relating to...
SUBCHAPTER E ADMINISTRATIVE PROVISIONS FOR COMMISSION
- Texas Section 5.135 - Small Business Compliance Assistance Program
(a) The commission shall establish a small business compliance assistance program. (b) The program shall include: (1) mechanisms to develop, collect, and coordinate information about...
- Texas Section 5.171 - Audit
The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Amended by Acts 1985,...
- Texas Section 5.172 - Funds From Other State Agencies
Any state agency that has statutory responsibilities for environmental pollution or environmental quality control and that receives a legislative appropriation for these purposes may transfer...
- Texas Section 5.173 - Public Information Relating To Commission
The commission shall prepare information of public interest describing the functions of the commission and describing the commission's procedures by which complaints are filed with...
- Texas Section 5.1733 - Electronic Posting Of Information
The commission shall post public information on its website. Such information shall include but not be limited to the minutes of advisory committee meetings, pending...
- Texas Section 5.174 - Copies Of Documents, Proceedings, Etc
(a) Except as otherwise specifically provided by this code and subject to the specific limitations provided by this code, on application of any person the...
- Texas Section 5.175 - Inspection Of Water Pollution Records
(a) All information, documents, and data collected by the commission in the performance of its duties are the property of the state. (b) Except as...
- Texas 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 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 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 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 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 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 Section 5.178 - Biennial Reports
(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 Section 5.1781 - 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; (2) is located in...
SUBCHAPTER F EXECUTIVE DIRECTOR
- Texas 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 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 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 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 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 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 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 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 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 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 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 Section 5.2292 - Contracts For Services Under Petroleum Storage Tank State-lead Program
(a) The executive director may directly award a contract for scientific and technical environmental services to a person if: (1) the contract is for the...
- Texas 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 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 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 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 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 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 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 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...
SUBCHAPTER G OFFICE OF PUBLIC INTEREST COUNSEL
- Texas Section 5.239 - Public Education And Assistance
(a) The executive director shall ensure that the agency is responsive to environmental and citizens' concerns, including environmental quality and consumer protection. (b) The executive...
- Texas 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. The primary duty of the office is to...
- Texas 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 Section 5.2725 - Annual Report; Performance Measures
(a) The office of public interest counsel shall report to the commission each year in a public meeting held on a date determined by the...
- Texas 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 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 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, Sec....
SUBCHAPTER H DELEGATION OF HEARINGS
- Texas Section 5.276 - Factors For Public Interest Representation
(a) The commission by rule, after consideration of recommendations from the office of public interest counsel, shall establish factors the public interest counsel must consider...
- Texas 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 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 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...
SUBCHAPTER I JUDICIAL REVIEW
- Texas Section 5.315 - Discovery In Cases Using Prefiled Written Testimony
In a contested case hearing delegated by the commission to the State Office of Administrative Hearings that uses prefiled written testimony, all discovery must be...
- Texas 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 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 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 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 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 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....
SUBCHAPTER J CONSOLIDATED PERMIT PROCESSING
- Texas 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 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 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 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 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 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....
SUBCHAPTER L EMERGENCY AND TEMPORARY ORDERS
- Texas 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 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 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 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, Sec....
- Texas 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 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 Section 5.506 - Emergency Suspension Of Permit Condition Relating To, And Emergency Authority To Make Available Water Set Aside For, 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 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 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 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 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 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 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 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 Section 5.5145 - Emergency Order Concerning Operation Of Rock Crusher Or Concrete Plant Without Permit
The commission may issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry...
- Texas Section 5.5146 - Emergency Order Concerning Operation Of Certain Treatment Facilities Without Permit
The commission may issue an emergency order under this subchapter suspending operations of a treatment facility that: (1) handles waste and wastewater from humans or...
- Texas 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...
SUBCHAPTER M ENVIRONMENTAL PERMITTING PROCEDURES
- Texas Section 5.516 - Emergency Order Under Section 401
Sec. 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,...
- Texas 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 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 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 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 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 Section 5.5553 - Notice Of Draft Permit
(a) This section applies only to a permit application that is eligible to be referred for a contested case hearing under Section 5.556 or 5.557....
- Texas 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 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...
SUBCHAPTER N ESTUARY MANAGEMENT PLANS
- Texas 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 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 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 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 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 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 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 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 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...
SUBCHAPTER P FEES
- Texas 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 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 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 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 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 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 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 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...
SUBCHAPTER Q PERFORMANCE-BASED REGULATION
- Texas 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 Section 5.751 - Applicability
This subchapter applies to programs under the jurisdiction of the commission under Chapters 26, 27, and 32 of this code and Chapters 361, 375, 382,...
- Texas 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 Section 5.753 - Standards For Evaluating And Using Compliance History
(a) Consistent with other law and the requirements necessary to maintain federal program authorization, the commission by rule shall develop standards for evaluating and using...
- Texas 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 as a means of evaluating compliance...
- Texas 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 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 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,...
SUBCHAPTER R ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
- Texas 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 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 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 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 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 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 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 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...