reglab/housing_qa huggingface dataset:
TX Water Code § 5.059 (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 5.059. Conflict of Interest

Sec. 5.059.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in an industry regulated by the commission;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in an industry regulated by the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.08, eff. Sept. 1, 2001.|
TX Water Code § 5.060 (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 5.060. Lobbyist Prohibition

Sec. 5.060.  LOBBYIST PROHIBITION.  A person may not be a member of the commission or act as general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 167, Sec. 2.19(24), eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 965, Sec. 1.08, eff. Sept. 1, 2001.|
TX Water Code § 5.061 (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 5.061. Prohibition on Accepting Campaign Contributions

Sec. 5.061.  PROHIBITION ON ACCEPTING CAMPAIGN CONTRIBUTIONS.  A member of the commission may not accept a contribution to a campaign for election to an elected office.  If a member of the commission accepts a campaign contribution, the person is considered to have resigned from the office and the office immediately becomes vacant.  The vacancy shall be filled in the manner provided by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.03, eff. September 1, 2011.|
TX Water Code § 5.101 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.101. Scope of Subchapter

Sec. 5.101.  SCOPE OF SUBCHAPTER.  The powers and duties provided by this subchapter 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 the 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 § 5.102 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.102. General Powers

Sec. 5.102.  GENERAL POWERS.  (a)  The commission has the powers to perform any acts whether specifically authorized by this code or other law or implied by this code or other law, necessary and convenient to the exercise of its jurisdiction and powers as provided by this code and other laws.(b)  The commission may call and hold hearings, receive evidence at hearings, administer oaths, issue subpoenas to compel the attendance of witnesses and the production of papers and documents, and make findings of fact and decisions with respect to its jurisdiction under this code and other laws and rules, orders, permits, licenses, certificates, and other actions adopted, issued, or taken by the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.103 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.103. Rules

Sec. 5.103.  RULES.  (a)  The commission shall adopt any rules necessary to carry out its powers and duties under this code and other laws of this state.(b)  The commission shall adopt reasonable procedural rules to be followed in a commission hearing.  The executive director may recommend to the commission for its consideration any rules that he considers necessary.(c)  Rules shall be adopted in the manner provided by Chapter 2001, Government Code.  As provided by that Act, the commission must adopt rules when adopting, repealing, or amending any agency statement of general applicability that interprets or prescribes law or policy or describes the procedure or practice requirements of an agency.  The commission shall follow its own rules as adopted until it changes them in accordance with that Act.(d)  The commission shall include as a part of each rule the commission adopts, and each proposed rule for adoption after the effective date of this subsection, a citation to the statute that grants the specific regulatory authority under which the rule is justified and a citation of the specific regulatory authority that will be exercised.  If no specific statutory authority exists and the agency is depending on this section, citation of this section, or Section 5.102 or 5.013, is sufficient.  A rule adopted in violation of this subsection is void.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 802, Sec. 1, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 1.09, eff. Sept. 1, 2001.|
TX Water Code § 5.1031 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 5.1031.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c)  The commission shall:(1)  coordinate the implementation of the policy adopted under Subsection (a);(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3)  collect data concerning the effectiveness of those procedures.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.04, eff. September 1, 2011.|
TX Water Code § 5.1035 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.1035. Rules Regarding Drinking-Water Standards

Sec. 5.1035.  RULES REGARDING DRINKING-WATER STANDARDS.  Before adopting rules regarding statewide drinking-water standards, the commission shall hold public meetings, if requested, at its regional offices to allow municipalities, water supply corporations, and other interested persons to submit data or comments concerning the proposed drinking-water standards.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.41, eff. Sept. 1, 1997.|
TX Water Code § 5.104 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.104. Memoranda of Understanding

Sec. 5.104.  MEMORANDA OF UNDERSTANDING.  (a)  The commission and board by rule shall develop memoranda of understanding as necessary to clarify and provide for their respective duties, responsibilities, or functions on any matter under the jurisdiction of the commission or board that is not expressly assigned to either the commission or board.(b)  The commission may enter into a memorandum of understanding with any other state agency and shall adopt by rule any memorandum of understanding between the commission and any other state agency.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.105 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.105. General Policy

Sec. 5.105.  GENERAL POLICY.  Except as otherwise specifically provided by this code, the commission, by rule, shall establish and approve all general policy of the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.106 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.106. Budget Approval

Sec. 5.106.  BUDGET APPROVAL.  The commission shall examine and approve all budget recommendations for the commission that are to be transmitted to the legislature.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.107 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.107. Advisory Committees, Work Groups, and Task Forces

Sec. 5.107.  ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES.  (a)  The commission or the executive director may create and consult with advisory committees, work groups, or task forces, including committees, work groups, or task forces for the environment, for public information, or for any other matter that the commission or the executive director may consider appropriate.(b)  The commission shall identify affected groups of interested persons for advisory committees, work groups, and task forces and shall make reasonable attempts to have balanced representation on all advisory committees, work groups, and task forces.  This subsection does not require the commission to ensure that all representatives attend a scheduled meeting.  A rule or other action may not be challenged because of the composition of an advisory committee, work group, or task force.(c)  The commission shall monitor the composition and activities of advisory committees, work groups, and task forces appointed by the commission or formed at the staff level and shall maintain that information in a form and location that is easily accessible to the public, including making the information available on the Internet.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.10, eff. Sept. 1, 2001.|
TX Water Code § 5.108 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.108. Executive Director

Sec. 5.108.  EXECUTIVE DIRECTOR.  (a)  The commission shall appoint an executive director to serve at the will of the commission.(b)  The board shall exercise the powers of appointment which the Texas Water Rights Commission had the authority to exercise on August 30, 1977, except for those powers of appointment expressly provided to the Texas Water Rights Commission in Chapters 50 through 63 inclusive, of the Water Code, which are delegated to the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.109 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.109. Chief Clerk

Sec. 5.109.  CHIEF CLERK.  (a)  The commission shall appoint a chief clerk who shall serve at the will of the commission.(b)  The chief clerk shall assist the commission in carrying out its duties under this code and other law.(c)  The chief clerk shall issue notice of public hearings held under the authority of the commission.|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. 1.009, eff. Aug. 12, 1991.|
TX Water Code § 5.110 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.110. General Counsel

Sec. 5.110.  GENERAL COUNSEL.  (a)  The commission shall appoint a general counsel who shall serve at the will of the commission.(b)  The general counsel is the chief legal officer for the commission.(c)  The general counsel must be an attorney licensed to practice law in this state.(d)  The general counsel shall perform the duties and may exercise the powers specifically authorized by this code or delegated to the general counsel by the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.111 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.111. Standards of Conduct

Sec. 5.111.  STANDARDS OF CONDUCT.  The commission shall provide to its members, appointees, and employees as often as is necessary information regarding their qualifications under this code and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.112 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.112. Public Testimony Policy

Sec. 5.112.  PUBLIC TESTIMONY POLICY.  The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 1, eff. June 19, 1987.|
TX Water Code § 5.113 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.113. Commission and Staff Responsibility Policy

Sec. 5.113.  COMMISSION AND STAFF RESPONSIBILITY POLICY.  The commission shall develop and implement policies that clearly separate the respective responsibilities of the commission and the staff.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.114 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.114. Applications and Other Documents

Sec. 5.114.  APPLICATIONS AND OTHER DOCUMENTS.  Applications and other documents to be filed with the commission for final action under this code shall be filed with the executive director and handled in the manner provided by this code.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.116 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.116. Hearings; Recess

Sec. 5.116.  HEARINGS;  RECESS.  The commission may recess any hearing or examination from time to time and from place to place.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.117 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.117. Mandatory Enforcement Hearing

Sec. 5.117.  MANDATORY ENFORCEMENT HEARING.  (a)  The executive director shall monitor compliance with all permits and licenses issued by the commission under this code, and if the evidence available to the executive director through this monitoring process indicates that a permittee or licensee is in substantial noncompliance with his permit or license for a period of four months, or for a shorter period of time if the executive director considers an emergency to exist, the executive director shall report this fact to the commission together with the information relating to the noncompliance.(b)  On receiving a report from the executive director under Subsection (a) of this section, the commission shall call and hold a hearing to determine whether the permittee or licensee who is the subject of the executive director's report has been in substantial noncompliance with his permit or license.(c)  At the conclusion of the hearing, the commission shall issue one of the following orders stating that:(1)  no violation of the permit or license has occurred;(2)  a violation of the permit or license has occurred but has been corrected and no further action is necessary to protect the public interest;(3)  the executive director is authorized to enter into a compliance agreement with the permittee or licensee;(4)  a violation of the permit or license has occurred and an administrative penalty is assessed as provided by this code;  or(5)  a violation of the permit or license has occurred, and the executive director is directed to have enforcement proceedings instituted against the permittee or licensee.(d)  A compliance agreement under Subsection (c)(3) of this section is not effective unless it is approved by the commission.  If the commission determines at a hearing that a permittee or licensee has not complied with the terms of the compliance agreement, the commission may direct the executive director to institute enforcement proceedings.(e)  The executive director, on receiving an order from the commission directing institution of enforcement proceedings, shall take all necessary steps to have enforcement proceedings instituted.(f)  The commission may compel the attendance of the governing body or any other officer of any permittee or licensee at any hearing held under this section.|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. 1.011, eff. Aug. 12, 1991.|
TX Water Code § 5.1175 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.1175. Payment of Penalty by Installment

Sec. 5.1175.  PAYMENT OF PENALTY BY INSTALLMENT.  (a)  The commission by rule may allow a person who owes a monetary civil or administrative penalty imposed for a violation of law within the commission's jurisdiction or for a violation of a license, permit, or order issued or rule adopted by the commission to pay the penalty in periodic installments.  The rule must provide a procedure for a person to apply for permission to pay the penalty over time.(b)   The rule may vary the period over which the penalty may be paid or the amount of the periodic installments according to the amount of the penalty owed and the size of the business that owes the penalty.  The period over which the penalty may be paid may not exceed 36 months.|Added by Acts 1995, 74th Leg., ch. 112, Sec. 1, eff. May 17, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 4, eff. September 1, 2009.|
TX Water Code § 5.118 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.118. Power to Administer Oaths

Sec. 5.118.  POWER TO ADMINISTER OATHS.  Each member of the commission, the chief clerk, or a hearings examiner may administer oaths in any hearing or examination on any matter submitted to the commission for action.|Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.|
TX Water Code § 5.119 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.119. Commission to Be Knowledgeable

Sec. 5.119.  COMMISSION TO BE KNOWLEDGEABLE.  The commission shall be knowledgeable of the watercourses and natural resources of the state and of the needs of the state concerning the use, storage and conservation of water and the use and conservation of other natural resources and of the need to maintain the quality of the environment in 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. 1.012, eff. Aug. 12, 1991.|
TX Water Code § 5.1191 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter D. General Powers and Duties of the Commission|Section 5.1191. Research Model

Sec. 5.1191.  RESEARCH MODEL.  (a)  In this section, "research model" means a mechanism for developing a plan to address the commission's practical regulatory needs.  The commission's plan shall be prioritized by need and shall identify short-term, medium-term, and long-term research goals.  The plan may address preferred methods of conducting the identified research.(b)  The commission shall develop a research model.  The commission may appoint a research advisory board to assist the commission in providing appropriate incentives to encourage various interest groups to participate in developing the research model and to make recommendations regarding research topics specific to this state.  The research advisory board must include representatives of the academic community, representatives of the regulated community, and public representatives of the state at large.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.11, eff. Sept. 1, 2001.|