reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 382.030 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.030. Delegation of Hearing Powers

Sec. 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)  the executive director;  or(3)  one or more commission employees.(b)  Except for hearings required to be held before the commission under Section 5.504, Water Code, the commission may authorize the executive director to:(1)  call and hold a hearing on any subject on which the commission may hold a hearing;  and(2)  delegate the authority to hold any hearing called by the executive director to one or more commission employees.(c)  The commission may establish the qualifications for individuals to whom the commission or the executive director delegates the authority to hold hearings.(d)  An individual holding a hearing under this section may administer oaths and receive evidence at the hearing and shall report the hearing in the manner prescribed by the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 42, eff. Sept. 1, 1997.|
TX Health & Safety Code § 382.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.031. Notice of Hearings

Sec. 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 the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility.  The notice must be published not less than 30 days before the date set for the hearing.(b)  Notice of the hearing must describe briefly and in summary form the purpose of the hearing and the date, time, and place of the hearing.(c)  If notice of the hearing is required by this chapter to be given to a person, the notice shall be served personally or mailed to the person at the person's most recent address known to the commission not less than 30 days before the date set for the hearing.  If the party is not an individual, the notice may be given to an officer, agent, or legal representative of the party.(d)  The hearing body shall conduct the hearing at the time and place stated in the notice.  The hearing body may continue the hearing from time to time and from place to place without the necessity of publishing, serving, mailing, or otherwise issuing new notice.  If a hearing is continued and a time and place for the hearing to reconvene are not publicly announced by the hearing body at the hearing before it is recessed, a notice of any further setting of the hearing shall be served personally or mailed in the manner prescribed by Subsection (c) at a reasonable time before the new setting, but it is not necessary to publish a newspaper notice of the new setting.  In this subsection, "hearing body" means the individual or individuals that hold a hearing under this section.(e)  This section applies to all hearings held under this chapter except as otherwise specified by Section 382.017.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.04, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.154, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 43, eff. Sept. 1, 1997.|
TX Health & Safety Code § 382.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.032. Appeal of Commission Action

Sec. 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 commission is not provided, may appeal the action by filing a petition in a district court of Travis County.(b)  The petition must be filed in the time required by Section 5.351, Water Code, unless the appeal relates to the commission's failure to take final action on an application for a federal operating permit, a reopening of a federal operating permit, a revision to a federal operating permit, or a permit renewal application for a federal operating permit in accordance with Section 382.0542(b), in which case the petition may be filed at any time before the commission or the executive director takes final action.(c)  Service of citation on the commission must be accomplished within 30 days after the date on which the petition is filed.  Citation may be served on the executive director or any commission member.(d)  The plaintiff shall pursue the action with reasonable diligence.  If the plaintiff does not prosecute the action within one year after the date on which the action is filed, the court shall presume that the action has been abandoned.  The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff, after receiving due notice, can show good and sufficient cause for the delay.(e)  In an appeal of an action of the commission or executive director other than cancellation or suspension of a variance, the issue is whether the action is invalid, arbitrary, or unreasonable.(f)  An appeal of the cancellation or suspension of a variance must be tried in the same manner as appeals from the justice court to the county court.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 5, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.Amended by: Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 382.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.033. Contracts; Instruments

Sec. 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. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0335 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.0335. Air Control Account

Sec. 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)  Money received by the commission under this section shall be deposited to the credit of the air control account, an account in the general revenue fund.  The commission may use money in the account for any necessary expenses incurred in carrying out commission duties under this chapter.|Added by Acts 1997, 75th Leg., ch. 333, Sec. 72, eff. Sept. 1, 1997.|
TX Health & Safety Code § 382.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.034. Research and Investigations

Sec. 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 Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.035. Memorandum of Understanding

Sec. 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, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.036. Cooperation and Assistance

Sec. 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 conduct studies, investigations, and research concerning air quality control;(3)  collect and disseminate information on air quality control;(4)  advise, consult, and cooperate with other state agencies, political subdivisions of the state, industries, other states, the federal government, and interested persons or groups concerning matters of common interest in air quality control;  and(5)  represent the state in all matters relating to air quality plans, procedures, or negotiations for interstate compacts.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.037. Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone

Sec. 382.037.  NOTICE IN TEXAS REGISTER REGARDING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE.  (a)  This section applies only if:(1)  with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:(A)  designated the area as attainment or unclassifiable/attainment; or(B)  approved a redesignation substitute making a finding of attainment for the area; and(2)  for each designated area described by Subdivision (1), with respect to an action of the United States Environmental Protection Agency described by Subdivision (1)(A) or (B):(A)  the action has been fully and finally upheld following judicial review or the limitations period to seek judicial review of the action has expired; and(B)  the rules under which the action was approved by the agency have been fully and finally upheld following judicial review or the limitations period to seek judicial review of those rules has expired.(b)  Not later than the 30th day after the date the conditions described by Subsection (a) have been met, the commission shall publish notice in the Texas Register that, with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:(1)  designated the area as attainment or unclassifiable/attainment; or(2)  approved a redesignation substitute making a finding of attainment for the area.|Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(b-1), eff. August 30, 2017.|
TX Health & Safety Code § 382.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.040. Documents; Public Property

Sec. 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 records are public records open to inspection by any person during regular office hours.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 381.020 and amended by Acts 1993, 73rd Leg., ch. 485, Sec. 2, eff. June 9, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.158, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter B. Powers and Duties of Commission|Section 382.041. Confidential Information

Sec. 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 secret processes or methods of manufacture or production that is identified as confidential when submitted.(b)  A member, employee, or agent of the commission may disclose information confidential under Subsection (a) to a representative of the United States Environmental Protection Agency on the request of a representative of that agency if:(1)  at the time of disclosure the member, employee, or agent notifies the representative that the material has been identified as confidential when submitted;  and(2)  the commission, before the information is disclosed, has entered into an agreement with the United States Environmental Protection Agency that ensures that the agency treats information identified as confidential as though it had been submitted by the originator of the information with an appropriate claim of confidentiality under federal law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 381.022 and amended by Acts 1993, 73rd Leg., ch. 485, Sec. 3, eff. June 9, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.158, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.051. Permitting Authority of Commission; Rules

Sec. 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 operate an existing facility affected by Section 382.0518(g);  or(3)  to operate a federal source.(b)  To assist in fulfilling its authorization provided by Subsection (a), the commission may issue:(1)  special permits for certain facilities;(2)  a general permit for numerous similar sources subject to Section 382.054;(3)  a standard permit for similar facilities;(4)  a permit by rule for types of facilities that will not significantly contribute air contaminants to the atmosphere;(5)  a single federal operating permit or preconstruction permit for multiple federal sources or facilities located at the same site;(6)  a multiple plant permit for existing facilities at multiple locations subject to Section 382.0518 or 382.0519;(7)  an existing facility permit or existing facility flexible permit under Section 382.05183;(8)  a small business stationary source permit under Section 382.05184;(9)  an electric generating facility permit under Section 382.05185 of this code and Section 39.264, Utilities Code;(10)  a pipeline facilities permit under Section 382.05186;  or(11)  other permits as necessary.(c)  The commission may issue a federal operating permit for a federal source in violation only if the operating permit incorporates a compliance plan for the federal source as a condition of the permit.(d)  The commission shall adopt rules as necessary to comply with changes in federal law or regulations applicable to permits issued under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.06, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 6, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.159, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 406, Sec. 2, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 5.02, eff. Sept. 1, 2001.|
TX Health & Safety Code § 382.05101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.05101. De Minimis Air Contaminants

Sec. 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 a permit under Section 382.0518 or 382.0519, a standard permit under Section 382.05195 or 382.05198, or a permit by rule under Section 382.05196 is not required.|Added by Acts 1999, 76th Leg., ch. 406, Sec. 3, eff. Aug. 30, 1999.  Amended by Acts 2003, 78th Leg., ch. 361, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 382.05102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.05102. Permitting Authority of Commission; Greenhouse Gas Emissions

Sec. 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 hexafluoride.(b)  To the extent that greenhouse gas emissions require authorization under federal law, the commission may authorize greenhouse gas emissions in a manner consistent with Section 382.051.(c)  The commission shall:(1)  adopt rules to implement this section, including rules specifying the procedures to transition to review by the commission any applications pending with the United States Environmental Protection Agency for approval under 40 C.F.R. Section 52.2305; and(2)  prepare and submit appropriate federal program revisions to the United States Environmental Protection Agency for approval.(d)  The permit processes authorized by this section are not subject to the requirements relating to a contested case hearing under this chapter, Chapter 5, Water Code, or Subchapters C-G, Chapter 2001, Government Code.(e)  If authorization to emit greenhouse gas emissions is no longer required under federal law, the commission shall:(1)  repeal the rules adopted under Subsection (c); and(2)  prepare and submit appropriate federal program revisions to the United States Environmental Protection Agency for approval.|Added by Acts 2013, 83rd Leg., R.S., Ch. 272 (H.B. 788), Sec. 2, eff. June 14, 2013.|
TX Health & Safety Code § 382.0511 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0511. Permit Consolidation and Amendment

Sec. 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 source.(b)  Consistent with the rules adopted under Subsection (d) and the limitations of this chapter, including limitations that apply to the modification of an existing facility, the commission may amend, revise, or modify a permit.(c)  The commission may authorize changes in a federal source to proceed before the owner or operator obtains a federal operating permit or revisions to a federal operating permit if:(1)  the changes are de minimis under Section 382.05101;  or(2)  the owner or operator:(A)  has obtained a preconstruction permit or permit amendment required by Section 382.0518;  or(B)  is operating under:(i)  a standard permit under Section 382.05195 or 382.05198;(ii)  a permit by rule under Section 382.05196; or(iii)  an exemption allowed under Section 382.057.(d)  The commission by rule shall develop criteria and administrative procedures to implement Subsections (b) and (c).(e)  When multiple facilities have been consolidated into a single permit under this section and the consolidated permit is reopened for consideration of an amendment relating to one or more facilities authorized by that permit, the permit is not considered reopened with respect to facilities for which an amendment, revision, or modification is not sought unless this chapter specifically authorizes or requires that additional reopening in order to protect the public's health and physical property.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 7, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.160, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 406, Sec. 4, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 361, Sec. 2, eff. Sept. 1, 2003.|
TX Health & Safety Code § 382.0512 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0512. Modification of Existing Facility

Sec. 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 the effect on emissions of:(1)  any air pollution control method applied to a source;  or(2)  any decreases in emissions from other sources.(b)  In determining whether a proposed change at an existing facility that meets the criteria of Section 382.003(9)(E) results in a net increase in allowable emissions, the commission shall consider the effect on emissions of:(1)  any air pollution control method applied to the facility;(2)  any decreases in allowable emissions from other facilities that have received a preconstruction permit or permit amendment no earlier than 120 months before the change will occur;  and(3)  any decreases in actual emissions from other facilities that meet the criteria of Section 382.003(9)(E)(i) or (ii).(c)  Nothing in this section shall be construed to limit the application of otherwise applicable state or federal requirements, nor shall this section be construed to limit the commission's powers of enforcement under this chapter.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 150, Sec. 2, eff. May 19, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 11.04(b), eff. Sept. 1, 1999.|
TX Health & Safety Code § 382.0513 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0513. Permit Conditions

Sec. 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 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 8, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995.|