Sec. 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, 361.092, or 361.112, Health and Safety Code;
(D) Chapter 366, 371, or 401, Health and Safety Code; or
(E) Chapter 1903, Occupations Code;
(2) by a county under Subchapter E, Chapter 361, Health and Safety Code; or
(3) under a rule adopted under any of those provisions.
(b) After notice and hearing, the commission may suspend or revoke a license, certificate, or registration the commission or a county has issued, place on probation a person whose license, certificate, or registration has been suspended, reprimand the holder of a license, certificate, or registration, or refuse to renew or reissue a license, certificate, or registration on any of the following grounds:
(1) having a record of environmental violations in the preceding five years;
(2) committing fraud or deceit in obtaining the license, certificate, or registration;
(3) demonstrating gross negligence, incompetency, or misconduct while acting as holder of a license, certificate, or registration;
(4) making an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the commission by the holder of the license, certificate, or registration;
(5) failing to keep and transmit records as required by a statute within the commission's jurisdiction or a rule adopted under such a statute;
(6) being indebted to the state for a fee, payment of a penalty, or a tax imposed by a statute within the commission's jurisdiction or a rule adopted under such a statute;
(7) with respect to a license or registration issued under Section 26.0301 or Chapter 37, violating a discharge permit of a sewage treatment plant, unless:
(A) the holder of the license or registration is unable to properly operate the sewage treatment or collection facility due to the refusal of the permit holder to authorize necessary expenditures to operate the sewage treatment or collection facility properly; or
(B) failure of the sewage treatment or collection facility to comply with its discharge permit results from faulty design of the facility;
(8) with respect to a license or registration issued under Chapter 37 of this code or Chapter 366, Health and Safety Code, violating either chapter or a rule adopted under either chapter; or
(9) with respect to a license issued under Subchapter E, Chapter 361, Health and Safety Code, violating that chapter or another applicable law or a commission rule governing the processing, storage, or disposal of solid waste.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.05, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 880, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 18.001, eff. Sept. 1, 2003.
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