Texas Health And Safety Code Title 5, Chapter 382 - Clean Air Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 382.001 - Short Title
  This chapter may be cited as the Texas Clean Air Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
• Texas Section 382.002 - Policy And Purpose
  (a) The policy of this state and the purpose of this chapter are to safeguard the state's air resources from pollution by controlling or abating...
• Texas Section 382.003 - Definitions
  In this chapter: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency. (1-a) "Advanced clean energy project" means a project for which...

SUBCHAPTER B POWERS AND DUTIES OF COMMISSION

• Texas Section 382.004 - Construction While Permit Application Pending
  (a) To the extent permissible under federal law and notwithstanding Section 382.0518, a person who submits an application for a permit for a modification of...
• Texas Section 382.011 - General Powers And Duties
  (a) The commission shall: (1) administer this chapter; (2) establish the level of quality to be maintained in the state's air; and (3) control the...
• Texas Section 382.012 - State Air Control Plan
  The commission shall prepare and develop a general, comprehensive plan for the proper control of the state's air. Acts 1989, 71st Leg., ch. 678, Sec....
• Texas Section 382.013 - Air Quality Control Regions
  The commission may designate air quality control regions based on jurisdictional boundaries, urban-industrial concentrations, and other factors, including atmospheric areas, necessary to provide adequate implementation...
• Texas Section 382.014 - Emission Inventory
  The commission may require a person whose activities cause emissions of air contaminants to submit information to enable the commission to develop an inventory of...
• Texas Section 382.0145 - Clean Fuel Incentive Surcharge
  (a) The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15...
• Texas Section 382.015 - Power To Enter Property
  (a) A member, employee, or agent of the commission may enter public or private property, other than property designed for and used exclusively as a...
• Texas Section 382.016 - Monitoring Requirements; Examination Of Records
  (a) The commission may prescribe reasonable requirements for: (1) measuring and monitoring the emissions of air contaminants from a source or from an activity causing...
• Texas Section 382.0161 - Air Pollutant Watch List
  (a) The commission shall establish and maintain an air pollutant watch list. The air pollutant watch list must identify: (1) each air contaminant that the...
• Texas Section 382.017 - Rules
  (a) The commission may adopt rules. The commission shall hold a public hearing before adopting a rule consistent with the policy and purposes of this...
• Texas Section 382.0171 - Alternative Fuels And Select-use Technologies
  (a) In adopting rules, the commission shall encourage and may allow the use of natural gas and other alternative fuels, as well as select-use technologies,...
• Texas Section 382.0172 - International Border Areas
  (a) In order to qualify for the exceptions provided by Section 179B of the federal Clean Air Act (42 U.S.C. Section 7509a), as added by...
• Texas Section 382.0173 - Adoption Of Rules Regarding Certain State Implementation Plan Requirements And Standards Of Performance For Certain Sources
  (a) The commission shall adopt rules to comply with Sections 110(a)(2)(D) and 111(d) of the federal Clean Air Act (42 U.S.C. Sections 7410 and 7411)....
• Texas Section 382.018 - Outdoor Burning Of Waste And Combustible Material
  (a) Subject to Section 352.082, Local Government Code, and except as provided by Subsections (b) and (d), the commission by rule may control and prohibit...
• Texas Section 382.019 - Methods Used To Control And Reduce Emissions From Land Vehicles
  (a) Except as provided by Section 382.202(j), or another provision of this chapter, the commission by rule may provide requirements concerning the particular method to...
• Texas Section 382.0191 - Idling Of Motor Vehicle
  (a) In this section, "idling" means allowing an engine to run while the motor vehicle is not engaged in forward or reverse motion. (b) The...
• Texas Section 382.0195 - Commercial Infectious Waste Incinerators
  (a) The commission shall adopt rules prescribing the most effective emissions control technology reasonably available to control emissions of air contaminants from a commercial infectious...
• Texas Section 382.020 - Control Of Emissions From Facilities That Handle Certain Agricultural Products
  (a) The commission, when it determines that the control of air pollution is necessary, shall adopt rules concerning the control of emissions of particulate matter...
• Texas Section 382.0201 - Prohibition On Commission Rule Relating To Emissions From Certain Hospital Or Medical Disinfectants
  (a) In this section, "hospital or medical disinfectant" means an antimicrobial product that is registered with and meets the performance standards of the United States...
• Texas Section 382.0205 - Special Problems Related To Air Contaminant Emissions
  Consistent with applicable federal law, the commission by rule may control air contaminants as necessary to protect against adverse effects related to: (1) acid deposition;...
• Texas Section 382.021 - Sampling Methods And Procedures
  (a) The commission may prescribe the sampling methods and procedures to be used in determining violations of and compliance with the commission's rules, variances, and...
• Texas Section 382.0215 - Assessment Of Emissions Due To Emissions Events
  (a) In this section: (1) "Emissions event" means an upset event, or unscheduled maintenance, startup, or shutdown activity, from a common cause that results in...
• Texas Section 382.0216 - Regulation Of Emissions Events
  (a) In this section, "emissions event" has the meaning assigned by Section 382.0215. (b) The commission shall establish criteria for determining when emissions events are...
• Texas Section 382.022 - Investigations
  The executive director may make or require the making of investigations: (1) that the executive director considers advisable in administering this chapter and the commission's...
• Texas Section 382.023 - Orders
  (a) The commission may issue orders and make determinations as necessary to carry out the purposes of this chapter. Orders authorized by this chapter may...
• Texas Section 382.024 - Factors In Issuing Orders And Determinations
  In issuing an order and making a determination, the commission shall consider the facts and circumstances bearing on the reasonableness of emissions, including: (1) the...
• Texas Section 382.025 - Orders Relating To Controlling Air Pollution
  (a) If the commission determines that air pollution exists, the commission may order any action indicated by the circumstances to control the condition. (b) The...
• Texas Section 382.026 - Orders Issued Under Emergencies
  The commission may issue an order under an air emergency under Section 5.514, Water Code. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept....
• Texas Section 382.027 - Prohibition On Commission Action Relating To Air Conditions Existing Solely In Commercial And Industrial Facilities
  (a) The commission may not adopt a rule, determination, or order that: (1) relates to air conditions existing solely within buildings and structures used for...
• Texas Section 382.0275 - Commission Action Relating To Residential Water Heaters
  (a) In this section, "residential water heater" means a water heater that: (1) is designed primarily for residential use; and (2) has a maximum rated...
• Texas Section 382.028 - Variances
  (a) This chapter does not prohibit the granting of a variance. (b) A variance is an exceptional remedy that may be granted only on demonstration...
• Texas Section 382.029 - Hearing Powers
  The commission may call and hold hearings, administer oaths, receive evidence at a hearing, issue subpoenas to compel the attendance of witnesses and the production...
• Texas Section 382.0291 - Public Hearing Procedures
  (a) Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a commission official or employee...
• Texas Section 382.030 - Delegation Of Hearing Powers
  (a) The commission may delegate the authority to hold hearings called by the commission under this chapter to: (1) one or more commission members; (2)...
• Texas Section 382.031 - Notice Of Hearings
  (a) Notice of a hearing under this chapter shall be published at least once in a newspaper of general circulation in the municipality in which...
• Texas Section 382.032 - Appeal Of Commission Action
  (a) A person affected by a ruling, order, decision, or other act of the commission or of the executive director, if an appeal to the...
• Texas Section 382.033 - Contracts; Instruments
  The commission may execute contracts and instruments that are necessary or convenient to perform its powers or duties. Acts 1989, 71st Leg., ch. 678, Sec....
• Texas Section 382.0335 - Air Control Account
  (a) The commission may apply for, solicit, contract for, receive, or accept money from any source to carry out its duties under this chapter. (b)...
• Texas Section 382.034 - Research And Investigations
  The commission shall conduct or require any research and investigations it considers advisable and necessary to perform its duties under this chapter. Acts 1989, 71st...
• Texas Section 382.035 - Memorandum Of Understanding
  The commission by rule shall adopt any memorandum of understanding between the commission and another state agency. Acts 1989, 71st Leg., ch. 678, Sec. 1,...
• Texas Section 382.036 - Cooperation And Assistance
  The commission shall: (1) encourage voluntary cooperation by persons or affected groups in restoring and preserving the purity of the state's air; (2) encourage and...
• Texas Section 382.040 - Documents; Public Property
  All information, documents, and data collected by the commission in performing its duties are state property. Subject to the limitations of Section 382.041, all commission...

SUBCHAPTER C PERMITS

• Texas Section 382.041 - Confidential Information
  (a) Except as provided by Subsection (b), a member, employee, or agent of the commission may not disclose information submitted to the commission relating to...
• Texas Section 382.051 - Permitting Authority Of Commission; Rules
  (a) The commission may issue a permit: (1) to construct a new facility or modify an existing facility that may emit air contaminants; (2) to...
• Texas Section 382.05101 - De Minimis Air Contaminants
  The commission may develop by rule the criteria to establish a de minimis level of air contaminants for facilities or groups of facilities below which...
• Texas Section 382.05102 - Permitting Authority Of Commission; Greenhouse Gas Emissions
  (a) In this section, "greenhouse gas emissions" means emissions of: (1) carbon dioxide; (2) methane; (3) nitrous oxide; (4) hydrofluorocarbons; (5) perfluorocarbons; and (6) sulfur...
• Texas Section 382.0511 - Permit Consolidation And Amendment
  (a) The commission may consolidate into a single permit any permits, special permits, standard permits, permits by rule, or exemptions for a facility or federal...
• Texas Section 382.0512 - Modification Of Existing Facility
  (a) Except as provided in Subsection (b), in determining whether a proposed change at an existing facility is a modification, the commission may not consider...
• Texas Section 382.0513 - Permit Conditions
  The commission may establish and enforce permit conditions consistent with this chapter. Permit conditions of general applicability shall be adopted by rule. Added by Acts...
• Texas Section 382.0514 - Sampling, Monitoring, And Certification
  The commission may require, at the expense of the permit holder and as a condition of the permit: (1) sampling and monitoring of a permitted...
• Texas Section 382.0515 - Application For Permit
  A person applying for a permit shall submit to the commission: (1) a permit application; (2) copies of all plans and specifications necessary to determine...
• Texas Section 382.05155 - Expedited Processing Of Application
  (a) An applicant, in a manner prescribed by the commission, may request the expedited processing of an application filed under this chapter if the applicant...
• Texas Section 382.0516 - Notice To State Senator, State Representative, And Certain Local Officials
  (a) On receiving an application for a construction permit or an amendment to a construction permit, a special permit, or an operating permit for a...
• Texas Section 382.0517 - Determination Of Administrative Completion Of Application
  The commission shall determine when an application filed under Section 382.054 or Section 382.0518 is administratively complete. On determination, the commission by mail shall notify...
• Texas Section 382.0518 - Preconstruction Permit
  (a) Before work is begun on the construction of a new facility or a modification of an existing facility that may emit air contaminants, the...
• Texas Section 382.05181 - Permit Required
  (a) Any facility affected by Section 382.0518(g) that does not have an application pending for a permit under this chapter, other than a permit required...
• Texas Section 382.05182 - Notice Of Shutdown
  (a) Any notice submitted in compliance with this section must be filed with the commission by the dates in Section 382.05181(a). (b) A notice under...
• Texas Section 382.05183 - Existing Facility Permit
  (a) The owner or operator of a facility affected by Section 382.0518(g) may apply for a permit to operate the facility under this section. (b)...
• Texas Section 382.05184 - Small Business Stationary Source Permit
  (a) Facilities affected by Section 382.0518(g) that are located at a small business stationary source, as defined by Section 5.135, Water Code, and are not...
• Texas Section 382.05185 - Electric Generating Facility Permit
  (a) An electric generating facility is considered permitted under this section with respect to all air contaminants if the facility is: (1) a natural-gas-fired electric...
• Texas Section 382.05186 - Pipeline Facilities Permits
  (a) This section applies only to reciprocating internal combustion engines that are part of processing, treating, compression, or pumping facilities affected by Section 382.0518(g) connected...
• Texas Section 382.051865 - Stationary Natural Gas Engines Used In Combined Heating And Power System
  (a) In this section, "natural gas engine" includes a natural gas internal combustion engine, natural gas stationary internal combustion reciprocating engine, and natural gas turbine....
• Texas Section 382.051866 - Emissions Reductions Incentives Account
  (a) In this section, "affiliate" means a person that directly or indirectly controls, is controlled by, or is under common control with another person. (b)...
• Texas Section 382.0519 - Voluntary Emissions Reduction Permit
  (a) Before September 1, 2001, the owner or operator of an existing, unpermitted facility not subject to the requirement to obtain a permit under Section...
• Texas Section 382.05191 - Emissions Reduction Permits: Notice And Hearing
  (a) An applicant for a permit under Section 382.05183, 382.05185(c) or (d), 382.05186, or 382.0519 shall publish notice of intent to obtain the permit in...
• Texas Section 382.05192 - Review And Renewal Of Emissions Reduction And Multiple Plant Permits
  Review and renewal of a permit issued under Section 382.05183, 382.05185(c) or (d), 382.05186, 382.0519, or 382.05194 shall be conducted in accordance with Section 382.055....
• Texas Section 382.05193 - Emissions Permits Through Emissions Reduction
  (a) The commission may issue a permit under Section 382.0519 for a facility: (1) that makes a good faith effort to make equipment improvements and...
• Texas Section 382.05194 - Multiple Plant Permit
  (a) The commission may issue a multiple plant permit for multiple plant sites that are owned or operated by the same person or persons under...
• Texas Section 382.05195 - Standard Permit
  (a) The commission may issue a standard permit for new or existing similar facilities if the commission finds that: (1) the standard permit is enforceable;...
• Texas Section 382.05196 - Permits By Rule
  (a) Consistent with Section 382.051, the commission may adopt permits by rule for certain types of facilities if it is found on investigation that the...
• Texas Section 382.051961 - Permit For Certain Oil And Gas Facilities
  (a) This section applies only to new facilities or modifications of existing facilities that belong to Standard Industrial Classification Codes 1311 (Crude Petroleum and Natural...
• Texas Section 382.051962 - Authorization For Planned Maintenance, Start-up, Or Shutdown Activities Relating To Certain Oil And Gas Facilities
  (a) In this section, "planned maintenance, start-up, or shutdown activity" means an activity with emissions or opacity that: (1) is not expressly authorized by commission...
• Texas Section 382.051963 - Amendment Of Certain Permits
  (a) A permit by rule or standard permit that has been adopted by the commission under this subchapter and is in effect on the effective...
• Texas Section 382.051964 - Aggregation Of Facilities
  Notwithstanding any other provision of this chapter, the commission may not aggregate a facility that belongs to a Standard Industrial Classification code identified by Section...
• Texas Section 382.05197 - Multiple Plant Permit: Notice And Hearing
  (a) An applicant for a permit under Section 382.05194 shall publish notice of intent to obtain the permit in accordance with Section 382.056, except that...
• Texas Section 382.05198 - Standard Permit For Certain Concrete Plants
  (a) The commission shall issue a standard permit for a permanent concrete plant that performs wet batching, dry batching, or central mixing and that meets...
• Texas Section 382.05199 - Standard Permit For Certain Concrete Batch Plants: Notice And Hearing
  (a) A person may not begin construction of a permanent concrete plant that performs wet batching, dry batching, or central mixing under a standard permit...
• Texas Section 382.052 - Permit To Construct Or Modify Facility Within 3,000 Feet Of School
  In considering the issuance of a permit to construct or modify a facility within 3,000 feet of an elementary, junior high, or senior high school,...
• Texas Section 382.053 - Prohibition On Issuance Of Construction Permit For Lead Smelting Plant At Certain Locations
  (a) The commission may not grant a construction permit for a lead smelting plant at a site: (1) located within 3,000 feet of an individual's...
• Texas Section 382.054 - Federal Operating Permit
  Subject to Section 382.0511(c), a person may not operate a federal source unless the person has obtained a federal operating permit from the commission under...
• Texas Section 382.0541 - Administration And Enforcement Of Federal Operating Permit
  (a) The commission may: (1) require a federal source to obtain a permit under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.);...
• Texas Section 382.0542 - Issuance Of Federal Operating Permit; Appeal Of Delay
  (a) A federal source is eligible for a permit required by Section 382.054 if from the information available to the commission, including information presented at...
• Texas Section 382.0543 - Review And Renewal Of Federal Operating Permit
  (a) In accordance with Section 382.0541(a)(5), a federal operating permit issued or renewed by the commission is subject to review at least every five years...
• Texas Section 382.055 - Review And Renewal Of Preconstruction Permit
  (a) A preconstruction permit issued or renewed by the commission is subject to review to determine whether the authority to operate should be renewed according...
• Texas Section 382.056 - Notice Of Intent To Obtain Permit Or Permit Review; Hearing
  (a) Except as provided by Section 382.0518(h), an applicant for a permit or permit amendment under Section 382.0518 or a permit renewal review under Section...
• Texas Section 382.0561 - Federal Operating Permit: Hearing
  (a) Public hearings on applications for issuance, revision, reopening, or renewal of a federal operating permit shall be conducted under this section only and not...
• Texas Section 382.0562 - Notice Of Decision
  (a) The commission or its designee shall send notice of a proposed final action on a federal operating permit by first-class mail to the applicant...
• Texas Section 382.0563 - Public Petition To The Administrator
  (a) The commission by rule may provide for public petitions to the administrator in accordance with Section 505 of the federal Clean Air Act (42...
• Texas Section 382.0564 - Notification To Other Governmental Entities
  The commission by rule may allow for notification of and review by the administrator and affected states of permit applications, revisions, renewals, or draft permits...
• Texas Section 382.0565 - Clean Coal Project Permitting Procedure
  (a) The United States Department of Energy may specify the FutureGen emissions profile for a project in that department's request for proposals or request for...
• Texas Section 382.0566 - Advanced Clean Energy Project Permitting Procedure
  (a) As authorized by federal law, not later than nine months after the executive director declares an application for a permit under this chapter for...
• Texas Section 382.0567 - Proof That Technology Is Commercially Feasible Not Required; Consideration Of Technology To Be Achievable For Certain Purposes Prohibited
  (a) An applicant for a permit under this chapter for a project in connection with which advanced clean energy technology, federally qualified clean coal technology,...
• Texas Section 382.057 - Exemption
  (a) Consistent with Section 382.0511, the commission by rule may exempt from the requirements of Section 382.0518 changes within any facility if it is found...
• Texas Section 382.058 - Notice Of And Hearing On Construction Of Concrete Plant Under Permit By Rule, Standard Permit, Or Exemption
  (a) A person may not begin construction on any concrete plant that performs wet batching, dry batching, or central mixing under a standard permit under...
• Texas Section 382.059 - Hearing And Decision On Permit Amendment Application Of Certain Electric Generating Facilities
  (a) This section applies to a permit amendment application submitted solely to allow an electric generating facility to reduce emissions and comply with a requirement...
• Texas Section 382.0591 - Denial Of Application For Permit; Assistance Provided By Former Or Current Employees
  (a) The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer...
• Texas Section 382.061 - Delegation Of Powers And Duties
  (a) The commission may delegate to the executive director the powers and duties under Sections 382.051-382.0563 and 382.059, except for the adoption of rules. (b)...
• Texas Section 382.062 - Application, Permit, And Inspection Fees
  (a) The commission shall adopt, charge, and collect a fee for: (1) each application for: (A) a permit or permit amendment, revision, or modification not...
• Texas Section 382.0621 - Operating Permit Fee
  (a) The commission shall adopt, charge, and collect an annual fee based on emissions for each source that either: (1) is subject to permitting requirements...
• Texas Section 382.0622 - Clean Air Act Fees
  (a) Clean Air Act fees consist of: (1) fees collected by the commission under Sections 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided by...
• Texas Section 382.063 - Issuance Of Emergency Order Because Of Catastrophe
  (a) The commission may issue an emergency order because of catastrophe under Section 5.515, Water Code. (b) In this section, "catastrophe" means an unforeseen event,...
• Texas Section 382.064 - Initial Application Date
  An application for a federal operating permit is not required to be submitted to the commission before the approval of the Title V permitting program...
• Texas Section 382.065 - Certain Locations For Operating Concrete Crushing Facility Prohibited
  (a) The commission by rule shall prohibit the operation of a concrete crushing facility within 440 yards of a building in use as a single...
• Texas Section 382.066 - Shipyard Facilities
  (a) In this section, "shipyard" means a shipbuilding or ship repair operation. (b) In determining whether to issue, or in conducting a review of, a...

SUBCHAPTER D PENALTIES AND ENFORCEMENT

• Texas Section 382.068 - Poultry Facility Odor; Response To Complaints
  (a) In this section, "poultry facility" and "poultry litter" have the meanings assigned by Section 26.301, Water Code. (b) The commission shall respond and investigate...

SUBCHAPTER E AUTHORITY OF LOCAL GOVERNMENTS

• Texas Section 382.085 - Unauthorized Emissions Prohibited
  (a) Except as authorized by a commission rule or order, a person may not cause, suffer, allow, or permit the emission of any air contaminant...
• Texas Section 382.111 - Inspections; Power To Enter Property
  (a) A local government has the same power and is subject to the same restrictions as the commission under Section 382.015 to inspect the air...
• Texas Section 382.112 - Recommendations To Commission
  A local government may make recommendations to the commission concerning a rule, determination, variance, or order of the commission that affects an area in the...
• Texas Section 382.113 - Authority Of Municipalities
  (a) Subject to Section 381.002, a municipality has the powers and rights as are otherwise vested by law in the municipality to: (1) abate a...

SUBCHAPTER G VEHICLE EMISSIONS

• Texas Section 382.115 - Cooperative Agreements
  A local government may execute cooperative agreements with the commission or other local governments: (1) to provide for the performance of air quality management, inspection,...
• Texas Section 382.201 - Definitions
  In this subchapter: (1) "Affected county" means a county with a motor vehicle emissions inspection and maintenance program established under Section 548.301, Transportation Code. (2)...
• Texas Section 382.202 - Vehicle Emissions Inspection And Maintenance Program
  (a) The commission by resolution may request the Public Safety Commission to establish a vehicle emissions inspection and maintenance program under Subchapter F, Chapter 548,...
• Texas Section 382.203 - Vehicles Subject To Program; Exemptions
  (a) The inspection and maintenance program applies to any gasoline-powered vehicle that is: (1) required to be registered in and is primarily operated in an...
• Texas Section 382.204 - Remote Sensing Program Component
  (a) The commission and the Department of Public Safety of the State of Texas jointly shall develop a program component for enforcing vehicle emissions testing...
• Texas Section 382.205 - Inspection Equipment And Procedures
  (a) The commission by rule may adopt: (1) standards and specifications for motor vehicle emissions testing equipment; (2) recordkeeping and reporting procedures; and (3) measurable...
• Texas Section 382.206 - Collection Of Data; Report
  (a) The commission and the Department of Public Safety of the State of Texas may collect inspection and maintenance information derived from the emissions inspection...
• Texas Section 382.207 - Inspection Stations; Quality Control Audits
  (a) The Department of Public Safety of the State of Texas by rule shall adopt standards and procedures for establishing vehicle emissions inspection stations authorized...
• Texas Section 382.208 - Attainment Program
  (a) Except as provided by Section 382.202(j) or another provision of this chapter, the commission shall coordinate with federal, state, and local transportation planning agencies...
• Texas Section 382.209 - Low-income Vehicle Repair Assistance, Retrofit, And Accelerated Vehicle Retirement Program
  (a) The commission and the Public Safety Commission by joint rule shall establish and authorize the commissioners court of a participating county to implement a...
• Texas Section 382.210 - Implementation Guidelines And Requirements
  (a) The commission by rule shall adopt guidelines to assist a participating county in implementing a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement...
• Texas Section 382.211 - Local Advisory Panel
  (a) The commissioners court of a participating county may appoint one or more local advisory panels consisting of representatives of automobile dealerships, the automotive repair...
• Texas Section 382.212 - Emissions Reduction Credit
  (a) In this section, "emissions reduction credit" means an emissions reduction certified by the commission that is: (1) created by eliminating future emissions, quantified during...
• Texas Section 382.213 - Disposition Of Retired Vehicle
  (a) Except as provided by Subsection (c) and Subdivision (5) of this subsection, a vehicle retired under an accelerated vehicle retirement program authorized by Section...
• Texas Section 382.214 - Sale Of Vehicle With Intent To Defraud
  (a) A person who with intent to defraud sells a vehicle in an accelerated vehicle retirement program established under Section 382.209 commits an offense that...
• Texas Section 382.215 - Sale Of Vehicle Not Required
  Nothing in this subchapter may be construed to require a vehicle that has failed a required emissions test to be sold or destroyed by the...
• Texas Section 382.216 - Incentives For Voluntary Participation In Vehicle Emissions Inspection And Maintenance Program
  The commission, the Texas Department of Transportation, and the Public Safety Commission may, subject to federal limitations: (1) encourage counties likely to exceed federal clean...
• Texas Section 382.218 - Required Participation By Certain Counties
  (a) This section applies only to a county with a population of 800,000 or more that borders the United Mexican States. (b) A county that...
• Texas Section 382.219 - Purchase Of Replacement Vehicle; Automobile Dealerships
  (a) An amount described by Section 382.210(a)(2) may be used as a down payment toward the purchase of a replacement vehicle. (b) An automobile dealer...

SUBCHAPTER H VEHICLE EMISSIONS PROGRAMS IN CERTAIN COUNTIES

• Texas Section 382.220 - Use Of Funding For Local Initiative Projects
  (a) Money that is made available to participating counties under Section 382.202(g) or 382.302 may be appropriated only for programs administered in accordance with Chapter...
• Texas Section 382.301 - Definitions
  In this subchapter: (1) "Early action compact" means an agreement entered into before January 1, 2003, by the United States Environmental Protection Agency, the commission,...

SUBCHAPTER I PROGRAMS TO ENCOURAGE THE USE OF

• Texas Section 382.302 - Inspection And Maintenance Program
  (a) A participating county whose early action plan contains provisions for a motor vehicle emissions inspection and maintenance program and has been found adequate by...

SUBCHAPTER J FEDERAL GREENHOUSE GAS REPORTING RULE

• Texas Section 382.401 - Alternative Leak Detection Technology
  (a) In this section, "alternative leak detection technology" means technology, including optical gas imaging technology, designed to detect leaks and emissions of air contaminants. (b)...
• Texas Section 382.451 - Development Of Federal Greenhouse Gas Reporting Rule
  (a) The commission and the Railroad Commission of Texas, the Department of Agriculture, and the Public Utility Commission of Texas shall jointly participate in the...

SUBCHAPTER K OFFSHORE GEOLOGIC STORAGE OF CARBON DIOXIDE

• Texas Section 382.452 - Voluntary Actions Inventory
  The commission shall: (1) establish an inventory of voluntary actions taken by businesses in this state or by state agencies since September 1, 2001, to...
• Texas Section 382.501 - Definitions
  In this subchapter: (1) "Board" means the School Land Board. (2) "Bureau" means the Bureau of Economic Geology at The University of Texas at Austin....
• Texas Section 382.502 - Rules
  (a) The commission by rule may adopt standards for the location, construction, maintenance, monitoring, and operation of a carbon dioxide repository. (b) If the United...
• Texas Section 382.503 - Study; Selection Of Location
  (a) The land commissioner shall contract with the bureau to conduct a study of state-owned offshore submerged land to identify potential locations for a carbon...
• Texas Section 382.504 - Contract For Necessary Infrastructure And Operation
  (a) Once the location has been established for the carbon dioxide repository, the board may issue requests for proposals for the lease of permanent school...
• Texas Section 382.505 - Acceptance Of Carbon Dioxide For Storage; Fees And Carbon Credits
  (a) Once the carbon dioxide repository is established, the board may accept carbon dioxide for storage. (b) The board by rule may establish a fee...
• Texas Section 382.506 - Measuring, Monitoring, And Verification; Role Of Bureau
  (a) The commission by rule may establish standards for the measurement, monitoring, and verification of the permanent storage status of the carbon dioxide in the...
• Texas Section 382.507 - Ownership Of Carbon Dioxide
  (a) The board shall acquire title to carbon dioxide stored in the carbon dioxide repository on a determination by the board that permanent storage has...
• Texas Section 382.508 - Liability
  (a) The transfer of title to the state under Section 382.507 does not relieve a producer of carbon dioxide of liability for any act or...
• Texas Section 382.509 - Rates For Transportation
  Neither the commission nor the board may establish or regulate the rates charged for the transportation of carbon dioxide to the carbon dioxide repository. Added...
• Texas Section 382.510 - Annual Report
  The land commissioner shall issue annually a report regarding the carbon dioxide repository. The report may be submitted electronically by posting on the General Land...

Last modified: September 28, 2016