reglab/housing_qa huggingface dataset:
TX Util § 186.056 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.056. Valuation of Rights Acquired

Sec. 186.056.  VALUATION OF RIGHTS ACQUIRED.  (a)  In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad right-of-way, a utility, common carrier, cable operator, or energy transporter may obtain the right to continuously use the right-of-way through the exercise of eminent domain under Chapter 21, Property Code.(b)  The award of damages due the railroad under an eminent domain proceeding as provided by Subsection (a) is:(1)  the market value of the real property interest to be used;  and(2)  if a portion of the railroad's right-of-way is taken, damages, if any, to the railroad's remaining property.(c)  The railroad may also recover:(1)  reasonable costs and expenses for interference with railroad operations, including internal costs for providing flagging services;  and(2)  reasonable costs and expenses to repair any damage to its facilities caused by the maintenance, operation, or upgrade of the preexisting utility, common carrier, cable operator, or energy transporter facilities.(d)  The payment by the utility, common carrier, cable operator, or energy transporter determined under this section is the only compensation due to the railroad for the perpetual use of the interest obtained.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Util § 186.057 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.057. Right to Maintain Facilities

Sec. 186.057.  RIGHT TO MAINTAIN FACILITIES.  (a)  A utility, common carrier, cable operator, or energy transporter may not be required to remove an existing facility for 180 days after the date the utility, common carrier, cable operator, or energy transporter receives a written notice from the railroad that an existing facility must be removed from the railroad's right-of-way if:(1)  the facility was located along, under, over, or across the railroad right-of-way with the written consent of the railroad;  and(2)  the utility, common carrier, cable operator, or energy transporter is not in default under an agreement with the railroad.(b)  If a utility, common carrier, cable operator, or energy transporter requests documentation under Section 186.055, the 180-day period provided by Subsection (a) is tolled until the utility, common carrier, cable operator, or energy transporter receives a written response to its request from the railroad.(c)  If a utility, common carrier, cable operator, or energy transporter does not condemn or enter into an agreement regarding the disputed area involving the railroad's right-of-way within the 180-day period provided by Subsection (a) or any extended period provided by Subsection (b), the license or agreement between the utility, common carrier, cable operator, or energy transporter and the railroad is terminated.(d)  The possessory right provided by this section is in addition to any possessory right provided by Chapter 21, Property Code.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Util § 186.058 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.058. License and Renewal

Sec. 186.058.  LICENSE AND RENEWAL.  (a)  A utility, common carrier, cable operator, or energy transporter may obtain an original license or renew a license for the right to use a railroad right-of-way for a one-time fee paid based on:(1)  the agreement of the railroad and the utility, common carrier, cable operator, or energy transporter;  or(2)  a mutually acceptable third-party determination of market value.(b)  A fee paid under this section is the only fee payment required.  The license remains in effect without the requirement of additional fee payments for renewal of the license.(c)  The terms of the license or license renewal may provide that the railroad is not later subject to this subchapter, except the railroad continues to be subject to eminent domain authority granted by other law.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Util § 186.059 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.059. Restrictions on Payment of Costs Awarded Against Railroad in Condemnation

Sec. 186.059.  RESTRICTIONS ON PAYMENT OF COSTS AWARDED AGAINST RAILROAD IN CONDEMNATION.  If the special commissioners or a court awards costs against a railroad under Section 21.047, Property Code, because the award of damages to the railroad is equal to or less than the amount the utility, common carrier, cable operator, or energy transporter exercising the right of eminent domain under this subchapter offered to pay, the costs awarded against the railroad must be paid by the railroad without reimbursement by or contribution from any agent or representative, including an agent or representative that handled or assisted in the condemnation proceedings.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Util § 186.060 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.060. Cumulative Rights and Responsibilities

Sec. 186.060.  CUMULATIVE RIGHTS AND RESPONSIBILITIES.  The rights, privileges, and responsibilities provided by this subchapter are in addition to and not in diminution of or substitution for those rights granted by any other state or federal law.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Util § 186.061 (2021)
2021 Texas Statutes|Utilities Code|Title 4 - Delivery of Utility Services|Subtitle B - Provisions Regulating Delivery of Services|Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service|Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way|Section 186.061. Effect on Other Law

Sec. 186.061.  EFFECT ON OTHER LAW.  This subchapter does not affect the elements a condemnor must establish by law to acquire real property.|Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.|
TX Water Code § 5.002 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter A. General Provisions|Section 5.002. Scope of Chapter

Sec. 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 business.  The commission has other specific powers and duties as prescribed in other sections of this code and other laws of this state.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.011 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter B. Organization of the Texas Natural Resource Conservation Commission|Section 5.011. Purpose of Chapter

Sec. 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 conservation of natural resources and the protection of the environment in this state and to define the duties, responsibilities, authority, and functions of the commission and the executive director.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.003, eff. Aug. 12, 1991.|
TX Water Code § 5.012 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter B. Organization of the Texas Natural Resource Conservation Commission|Section 5.012. Declaration of Policy

Sec. 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 natural resources and the protection of the environment.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.004, eff. Aug. 12, 1991.|
TX Water Code § 5.013 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter B. Organization of the Texas Natural Resource Conservation Commission|Section 5.013. General Jurisdiction of Commission

Sec. 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 rights, and enforcement of water rights;(2)  continuing supervision over districts created under Article III, Sections 52(b)(1) and (2), and Article XVI, Section 59, of the Texas Constitution;(3)  the state's water quality program including issuance of permits, enforcement of water quality rules, standards, orders, and permits, and water quality planning;(4)  the determination of the feasibility of certain federal projects;(5)  the adoption and enforcement of rules and performance of other acts relating to the safe construction, maintenance, and removal of dams;(6)  conduct of the state's hazardous spill prevention and control program;(7)  the administration of the state's program relating to inactive hazardous substance, pollutant, and contaminant disposal facilities;(8)  the administration of a portion of the state's injection well program;(9)  the administration of the state's programs involving underground water and water wells and drilled and mined shafts;(10)  the state's responsibilities relating to regional waste disposal;(11)  the responsibilities assigned to the commission by Chapters 361, 363, 382, 401, 505, 506, and 507, Health and Safety Code; and(12)  any other areas assigned to the commission by this code and other laws of this state.(b)  The rights, powers, duties, and functions delegated to the Texas Department of Water Resources by this code or by any other law of this state that are not expressly assigned to the board are vested in the commission.(c)  This section allocates among various state agencies statutory authority delegated by other laws.  This section does not delegate legislative authority.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.005, eff. Aug. 12, 1991;  Acts 2001, 77th Leg., ch. 376, Sec. 3.01, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 965, Sec. 1.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1067, Sec. 22, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 2, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.01, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 32, eff. September 1, 2015.|
TX Water Code § 5.014 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter B. Organization of the Texas Natural Resource Conservation Commission|Section 5.014. Sunset Provision

Sec. 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, the commission is abolished and this chapter expires September 1, 2023.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 167, Sec. 2.20(46), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.006, eff. Aug. 12, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.19(a), eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 1.02, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.12, eff. July 10, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.02, eff. September 1, 2011.|
TX Water Code § 5.015 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter B. Organization of the Texas Natural Resource Conservation Commission|Section 5.015. Construction of Title

Sec. 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 effective manner.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.051 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.051. Commission

Sec. 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. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.008, eff. Aug. 12, 1991.|
TX Water Code § 5.052 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.052. Members of the Commission; Appointment

Sec. 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 general public.(b)  The governor shall make the appointments in such a manner that each member is from a different section of the state.(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 485, Sec. 1, eff. June 9, 1993;  Acts 2001, 77th Leg., ch. 965, Sec. 1.03, eff. Sept. 1, 2001.|
TX Water Code § 5.053 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.053. Eligibility for Membership

Sec. 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 otherwise authorized by the commission;(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving money from the commission;(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the commission;  or(4)  uses or receives a substantial amount of tangible goods, services, or money from the commission other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.(b)  In addition to the eligibility requirements in Subsection (a) of this section, persons who are appointed to serve on the commission for terms which expire after August 31, 2001, must comply at the time of their appointment with the eligibility requirements established under 33 U.S.C. Sections 1251-1387, as amended.(c)  Subsection (a)(2) does not apply to an employee of a political subdivision of this state.  If the United States Environmental Protection Agency determines that there will be a negative impact on the State of Texas' National Pollution Discharge Elimination Systems delegation, this subsection does not apply.|Added by Acts 1995, 74th Leg., ch. 310, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 1.04, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1278 (H.B. 3769), Sec. 1, eff. June 15, 2007.|
TX Water Code § 5.0535 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.0535. Required Training Program for Commission Members

Sec. 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 a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b)  The training program must provide the person with information regarding:(1)  the legislation that created the commission;(2)  the programs operated by the commission;(3)  the role and functions of the commission;(4)  the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5)  the current budget for the commission;(6)  the results of recent significant internal and external audits of the commission;(7)  the requirements of:(A)  the open meetings law, Chapter 551, Government Code;(B)  the public information law, Chapter 552, Government Code;(C)  the administrative procedure law, Chapter 2001, Government Code;  and(D)  other laws relating to public officials, including conflict-of-interest laws;  and(8)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.05, eff. Sept. 1, 2001.|
TX Water Code § 5.054 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.054. Removal of Commission Members

Sec. 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 required by Section 5.053(b);(2)  does not maintain during the service on the commission the qualifications required by Section 5.053(b);(3)  is ineligible for membership under Section 5.053(a), 5.059, or 5.060;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or(5)  is absent from more than one-half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year without an excuse approved by a majority vote of the commission.(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a member of the commission exists.(c)  If the executive director or a member has knowledge that a potential ground for removal exists, the executive director or member shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director or another member of the commission shall notify the member of the commission with the most seniority, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.06, eff. Sept. 1, 2001.|
TX Water Code § 5.055 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.055. Officers of State; Oath

Sec. 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 taking the official oath of office.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.056 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.056. Terms of Office

Sec. 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 member holds office until his successor is appointed and has qualified.(b)  A person appointed to the commission may not serve for more than two six-year terms.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.057 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.057. Full-Time Service

Sec. 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.|
TX Water Code § 5.058 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter C. Texas Natural Resource Conservation Commission|Section 5.058. Officers; Meetings

Sec. 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 of the governor.(b)  The presiding officer may designate another commissioner to act for the presiding officer in the presiding officer's absence.(c)  The presiding officer shall preside at the meetings and hearings of the commission.(d)  The commission shall hold regular meetings and all hearings at times specified by a commission order and entered in its minutes.  The commission may hold special meetings at the times and places in the state that the commission decides are appropriate for the performance of its duties.  The presiding officer or acting presiding officer shall give the other members reasonable notice before holding a special meeting.(e)  A majority of the commission is a quorum.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.07, eff. Sept. 1, 2001.|