September 14, 1967 

Honorable Joe C. Moore, Chairman 

Texas Water Quality Board 

Austin, Texas 

Opinion No. M-131 

Re: Authority of the Texas 

Water Quality Board 

to adopt water quality 

rules and to enforce 

such rules, 

Dear Mr. MoQre: ! : 

Youhave requested our opiciou as to whether the Texas Water Quality 

Board (created by S.B. ,204! Acts 60th Leg. g.6. 1967; p. 749; Art. 76218-1, 

V.C.S’.)‘San adopt rules ‘and’rrgulations as to water’quality~ and enforce 

said rules and regulations. You state that the Texas Water’Pollution Control Board (created by,Art. 762ld, V.C.S.), the predecessor of the Texas 

Water Quality Board did adoptwater quality criteria by its order 67-S. 

dated June 30, 1967 and that such are now under review by the U.S. Department of Interior. Federal law provides that the States must adopt water 

quality standards and provide for the enforcement thereof or the United 

States Government pill.act through its Secretary of Interior and “shall 

promulgate s,uch standards.” 33 U.S.C.A. 466, et seq. 

You desire answers to the following questions: 

(1) Whether the State Water Pollution Control Board had legal 

authority to adopt water quality standards? If so, please 

give citations for the authority. 

(2) Whether the State Water Pollution Control Board had legal 

authority to enforce water quality standards? 1,f so, 

please give citations for the authority. 

(3) Whether the Texas Water Pollution Control Board took action, by resolution or otherwise, to adopt and provide 

for the enforcement of water quality standards? 

(4) Whether the new Texas Water Quality Board has legal authority to enforce water quality standards7 If so, 

please give citations for the authority. 

- 609 - 
Honorable Joe G. Moore, Page 2 (M-131) 

Your first three questions are answered In the afflmative, The 

State Water Pollution Control Board not only could, but euch State 

agency did, make valid rules and regulations and provide far enforcement thereof under the authority of Article 7621d, Sec. 4(c), 4(d), 

4(e), and Sec. 12, V.C.S. 

As to question number (4), there is ample authority for the Texas 

Water Quality Board to enter an order promulgating and adopting the 

rules of its predecessor State agency; and the Texas Water Quality Act 

of 1967, effective September 1, 1967, provides for injunctions, civil 

penalties and criminal prosecutions to enforce the law. S.B. 204, 

Chapter 313, Acts 60th Legislature, R.S. 1967, Art. 7621d-1, Sections 

11 and 15, V.C.S. 

gUMMARY 

The State Water Pollution Control Board had .legal authority, to adopt and enforce water control stand 

its order on June 30. 1967,did adopt water quali 

and provided for the enforcement thereof. Ii 

da and by 

criteria 

&tic1 7621d. 

Sets. 4(c), 4(d). 4(e), and Section 12, V.C.S. 

The Texas Water Quality Board has legal authority to enforce water quality standards. tjectlons 11 and 15 of Artiole 

7621d-1, V.C.S. 

Ver/ypuly yours, 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns B. Taylor, Co-Chairman 

W. V. Geppert 

Lewis Berry 

Linward Shivers 

Pat Bailey 

- 610 -