reglab/housing_qa huggingface dataset:
TX Water Code § 7.190 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.190. Disposition of Fines

Sec. 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 the case, except that if the court determines that the state or the local government bore significantly more of the burden of prosecuting the case, the court may apportion up to 75 percent of the fine to the government that predominantly prosecuted the case.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.191 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.191. Notice of Conviction

Sec. 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 offense may be ordered by the court to give notice of the conviction to any person the court considers appropriate.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.192 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.192. Judgment of Conviction

Sec. 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 commission.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.193 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.193. Peace Officers

Sec. 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 to enforce this subchapter the same as any other peace officer and for that purpose have the powers and duties of peace officers assigned by Chapter 2, Code of Criminal Procedure.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.194 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.194. Allegations

Sec. 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 state any name or designation by which the corporation is known or may be identified.  It is not necessary to allege that the defendant was lawfully incorporated.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.195 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.195. Summons and Arrest

Sec. 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 a summons to the corporation.  The summons shall be in the same form as a capias except that:(1)  it shall summon the corporation to appear before the court named at the place stated in the summons;(2)  it shall be accompanied by a certified copy of the complaint, indictment, or information;  and(3)  it shall provide that the corporation appear before the court named at or before 10 a.m. of the Monday next after the expiration of 20 days after it is served with summons, except when service is made on the secretary of state, in which instance the summons shall provide that the corporation appear before the court named at or before 10 a.m. of the Monday next after the expiration of 30 days after the secretary of state is served with summons.(b)  No individual may be arrested upon a complaint, indictment, or information against a private corporation.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.196 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.196. Service of Summons

Sec. 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 service.  If a registered agent has not been designated or cannot with reasonable diligence be found at the registered office, the peace officer shall serve the summons by personally delivering a copy of it to the president or a vice president of the corporation.(b)  If the peace officer certifies on the return that the peace officer diligently but unsuccessfully attempted to effect service under Subsection (a) or if the corporation is a foreign corporation that has no certificate of authority, the peace officer shall serve the summons on the secretary of state.  On receipt of the summons copy, the secretary of state shall immediately forward it by certified or registered mail, return receipt requested, addressed to the defendant corporation at its registered office or, if it is a foreign corporation, at its principal office in the state or country under whose law it was incorporated.(c)  The secretary of state shall keep a permanent record of the date and time of receipt and the disposition of each summons served under Subsection (b) together with the return receipt.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.197 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.197. Arraignment and Pleadings

Sec. 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 10 full days after the day the arraignment takes place and before the day the trial begins to file written pleadings.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.198 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.198. Appearance

Sec. 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 but does not plead, the corporation is considered to be present in person for all purposes, and the court shall enter a plea of not guilty on the corporation's behalf and may proceed with trial, judgment, and sentencing.(c)  After appearing and entering a plea in response to summons, if a private corporation is absent without good cause at any time during later proceedings, the corporation is considered to be present in person for all purposes, and the court may proceed with trial, judgment, or sentencing.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.199 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.199. Fine Treated as Judgment in Civil Action

Sec. 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 entered and docketed by the clerk of the court as a judgment against the person, and the fine shall be of the same force and effect and be enforced against the person in the same manner as if the judgment were recovered in a civil action.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.200 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.200. Effect on Certain Other Laws

Sec. 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, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.201 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.201. Defense Excluded

Sec. 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, or statute.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.202 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter E. Criminal Offenses and Penalties|Section 7.202. Proof of Knowledge

Sec. 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 under Section 7.168, 7.169, 7.170, or 7.171, the defendant is responsible only for the defendant's actual awareness or actual belief possessed.  Knowledge possessed by a person other than the defendant may not be attributed to the defendant.  To prove a defendant's actual knowledge, however, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.251 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.251. Act of God

Sec. 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 or an order or a permit issued under such a statute was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of that statute, rule, order, or permit.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.252 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.252. Defenses to Endangerment Offenses

Sec. 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 was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of the person's occupation, business, or profession or a medical treatment or medical or scientific experimentation conducted by professionally approved methods and the person endangered had been made aware of the risks involved before giving consent;  or(2)  the person charged was an employee who was carrying out the person's normal activities and was acting under orders from the person's employer, unless the person charged engaged in knowing and wilful violations.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.254 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.254. Defense to Used Oil Offenses

Sec. 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 had not been properly segregated or separated by the generator from other solid wastes.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.255 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.255. Defense Excluded

Sec. 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 for the violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.256 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.256. Compliance With Federal Occupational Safety and Health Standards

Sec. 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 rule adopted or an order or permit issued by the commission under such a statute was caused solely by compliance with the general duty clause of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), the act or event is not a violation of that statute, rule, order, or permit.|Added by Acts 2009, 81st Leg., R.S., Ch. 513 (S.B. 1080), Sec. 1, eff. September 1, 2009.|
TX Water Code § 7.257 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter F. Defenses|Section 7.257. Defense to Nuisance or Trespass

Sec. 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 chapter for nuisance or trespass arising from greenhouse gas emissions has an affirmative defense to that action if the person's actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the commission or the federal government or an agency of the federal government and:(1)  the person was in substantial compliance with that rule, permit, order, license, certificate, registration, approval, or other authorization while the alleged nuisance or trespass was occurring; or(2)  the commission or the federal government or an agency of the federal government exercised enforcement discretion in connection with the actions that resulted in the alleged nuisance or trespass.(b)  This section does not apply to nuisance actions solely based on a noxious odor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 909 (S.B. 875), Sec. 1, eff. June 17, 2011.|
TX Water Code § 7.301 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.301. Definition

Sec. 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 each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock, provided such partner or owner controls at least 20 percent of the permit holder.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.302 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.302. Grounds for Revocation or Suspension of Permit

Sec. 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, or 31 of this code;(3)  Subchapter C or R, Chapter 361, Health and Safety Code;(4)  Subchapter D, Chapter 366, Health and Safety Code;(5)  Chapter 382, Health and Safety Code; or(6)  a rule adopted under any of those provisions.(b)  After notice and hearing, the commission may revoke, suspend, or revoke and reissue a permit or exemption on any of the following grounds:(1)  violating any term or condition of the permit, and revocation, suspension, or revocation and reissuance is necessary in order to maintain the quality of water or the quality of air in the state, or to otherwise protect human health and the environment consistent with the objectives of the statutes or rules within the commission's jurisdiction;(2)  having a record of environmental violations in the preceding five years at the permitted or exempted site;(3)  causing a discharge, release, or emission contravening a pollution control standard set by the commission or contravening the intent of a statute or rule described in Subsection (a);(4)  including a material mistake in a federal operating permit issued under Chapter 382, Health and Safety Code, or making an inaccurate statement in establishing an emissions standard or other term or condition of a federal operating permit;(5)  misrepresenting or failing to disclose fully all relevant facts in obtaining the permit or misrepresenting to the commission any relevant fact at any time;(6)  a permit holder being indebted to the state for fees, payment of penalties, or taxes imposed by the statutes or rules within the commission's jurisdiction;(7)  a permit holder failing to ensure that the management of the permitted facility conforms or will conform to the statutes and rules within the commission's jurisdiction;(8)  the permit is subject to cancellation or suspension under Section 26.084;(9)  abandoning the permit or operations under the permit;  or(10)  the commission finds that a change in conditions requires elimination of the discharge authorized by the permit.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.04, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 4, eff. June 17, 2015.|
TX Water Code § 7.304 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.304. Suspension of Registration or Reimbursement Payment Issued Under Waste Tire Recycling Program

Sec. 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 tire generator, waste tire recycling facility, or waste tire energy recovery facility, without notice or hearing, on the initiation of an enforcement proceeding under this chapter and while the proceeding is pending for a violation of Subchapter P, Chapter 361, Health and Safety Code, or a rule adopted or order issued under that subchapter.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept.1, 1997.|
TX Water Code § 7.305 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.305. Procedures

Sec. 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 county that issued a license, certificate, or registration that is the subject of the hearing.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.306 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.306. Hearings

Sec. 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, Government Code.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.307 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.307. Consent

Sec. 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, the executive director may revoke or suspend the permit, license, exemption, certificate, or registration without a hearing.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.308 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.308. Other Relief

Sec. 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 under this chapter.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.309 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.309. Probation Requirements

Sec. 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 to the commission on matters that are the basis of the probation;(2)  to limit activities to the areas prescribed by the commission;  or(3)  to continue or renew professional education until the registrant attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.310 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations|Section 7.310. Revocation or Suspension by County

Sec. 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 suspend or revoke the license, certificate, or registration on the grounds provided under Section 7.303.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.|