Texas Water Code Title 2, Chapter 7 - Enforcement

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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 Section 7.00251 - Initiation Of Certain Clean Air Act Enforcement Actions Using Information Provided By A Person
  If the commission determines that there are multiple violations based on information it receives as required by Title V of the federal Clean Air Act...
• Texas 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 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 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 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, Sec....

SUBCHAPTER B CORRECTIVE ACTION AND INJUNCTIVE RELIEF

• Texas Section 7.006 - Enforcement Policies
  (a) The commission by rule shall adopt a general enforcement policy that describes the commission's approach to enforcement. (b) The commission shall assess, update, and...
• Texas 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 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 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 Section 7.034 - Deferral Of Penalty For Certain Utility Facilities
  (a) In this section: (1) "District" means any district or authority created under either Article III, Section 52, or Article XVI, Section 59, of the...

SUBCHAPTER C ADMINISTRATIVE PENALTIES

• Texas Section 7.035 - Injunction And Enforcement Relating To Certain Treatment Facilities
  (a) Except as provided by Subsection (b), if the commission determines that a treatment facility that handles waste and wastewater from humans or household operations...
• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 7.069 - Disposition Of Penalty
  (a) Except as provided by Subsection (b), a penalty collected under this subchapter shall be deposited to the credit of the general revenue fund. (b)...
• Texas 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 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 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 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 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, Sec. 2, eff....

SUBCHAPTER D CIVIL PENALTIES

• Texas 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 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 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 Section 7.1021 - Maximum Civil Penalty: Violation Of Community Right-to-know Laws
  (a) A person who knowingly discloses false information or negligently fails to disclose a hazard as required by Chapter 505 or 506, Health and Safety...
• Texas 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 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 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 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 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 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 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 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...

SUBCHAPTER E CRIMINAL OFFENSES AND PENALTIES

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 7.1831 - Violation Of Locally Enforced Motor Vehicle Idling Limitations
  (a) A person commits an offense if the person violates a rule adopted by the commission concerning locally enforced motor vehicle idling limitations. (b) Notwithstanding...
• Texas 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 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 Section 7.1851 - Violations Relating To Community Right-to-know Laws
  (a) A person who proximately causes an occupational disease or injury to an individual by knowingly disclosing false information or knowingly failing to disclose hazard...
• Texas 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, Sec. 2,...
• Texas Section 7.187 - Penalties
  (a) Except as provided by Subsection (b), a person convicted of an offense under this subchapter is punishable by: (1) a fine, as imposed under...
• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER F DEFENSES

• Texas 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 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 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 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 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 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 Section 7.256 - Compliance With Federal Occupational Safety And Health Standards
  If a person can establish that an act or event that otherwise would be a violation of a statute within the commission's jurisdiction or a...

SUBCHAPTER G REVOCATION AND SUSPENSION OF PERMITS, LICENSES, CERTIFICATES, AND REGISTRATIONS

• Texas Section 7.257 - Defense To Nuisance Or Trespass
  (a) A person, as defined by Section 382.003, Health and Safety Code, who is subject to an administrative, civil, or criminal action brought under this...
• Texas 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 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) Section 18.005 of this code; (2) Chapter 26, 27, 28,...
• Texas 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 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 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 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 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 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 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...

SUBCHAPTER H SUIT BY OTHERS

• Texas 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 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 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 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 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 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 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 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 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 Section 7.359 - Factors To Be Considered In Determining Amount Of Civil Penalty
  In determining the amount of a civil penalty to be assessed in a suit brought by a local government under this subchapter, the trier of...
• Texas Section 7.360 - Limitations
  A suit for a civil penalty that is brought by a local government under this subchapter must be brought not later than the fifth anniversary...

Last modified: September 28, 2016