reglab/housing_qa huggingface dataset:
TX Water Code § 26.3572 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.3572. Groundwater Protection Cleanup Program

Sec. 26.3572.  GROUNDWATER PROTECTION CLEANUP PROGRAM.  (a)  The groundwater protection cleanup program is established, and the commission shall administer that program.(b)  In administering the program, the commission shall:(1)  negotiate with or direct responsible parties in site assessment and remediation matters using risk-based corrective action;(2)  approve site-specific corrective action plans for each site as necessary, using risk-based corrective action;(3)  review and inspect site assessment and remedial activities and reports;(4)  use risk-based corrective action procedures as determined by commission rule to establish cleanup levels;(5)  adopt by rule criteria for assigning a priority to each site using risk-based corrective action and assign a priority to each site according to those criteria;(6)  adopt by rule criteria for:(A)  risk-based corrective action site closures;  and(B)  the issuance of a closure letter to the owner or operator of a tank site on completion of the commission's corrective action requirements;  and(7)  process claims for petroleum storage tank remediation account disbursement in accordance with this subchapter.(c)  The commission by rule may approve site assessment methodologies.  The commission shall approve or disapprove a site assessment or corrective action plan, as defined by commission rule, on or before the 30th day after the commission receives the assessment or plan.  The commission shall adopt by rule criteria to be used to determine:(1)  the necessity for site assessment;  and(2)  the nature of the site assessment required.(d)  The commission may not approve a corrective action plan until the commission and the owner or operator of the site by agreement set specific goals in the plan for completing discrete corrective action tasks before specified dates.  The owner or operator is responsible for meeting the goals.|Added by Acts 1989, 71st Leg., ch. 228, Sec. 16, eff. May 31, 1989.  Amended by Acts 1995, 74th Leg., ch. 315, Sec. 9, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 14.07, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 7, eff. Sept. 1, 2001.|
TX Water Code § 26.35731 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.35731. Consideration and Processing of Applications for Reimbursement

Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS FOR REIMBURSEMENT.  (a)  Except as provided by Subsection (b), the commission shall consider and process a claim by an eligible owner or operator for reimbursement from the petroleum storage tank remediation account in the order in which it is received.  The commission shall consider and process all claims by eligible owners and operators for reimbursement from the account that were received before September 1, 1995, before the commission considers a claim received after that date. Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 722 (S.B. 485), Sec. 7 (b)  The commission may postpone considering, processing, or paying a claim for reimbursement from the petroleum storage tank remediation account for corrective action work begun without prior commission approval after September 1, 1993, that is filed with the commission before January 1, 2005. Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 899 (S.B. 1863), Sec. 5.03 (b)  The commission has discretion whether to postpone considering, processing, or paying a claim for reimbursement from the petroleum storage tank remediation account for corrective action work begun without prior commission approval after September 1, 1993, and filed with the commission prior to January 1, 2005.(c)  Not later than the 90th day after the date on which the commission receives a completed application for reimbursement from the petroleum storage tank remediation account, the commission shall send a fund payment report to the owner or operator of a petroleum storage tank system that is seeking reimbursement, if sufficient funds are available to make the payment.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 11, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 24, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1441, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 200, Sec. 6(b), eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 7, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 5.03, eff. September 1, 2005.|
TX Water Code § 26.35735 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.35735. Claims Audit

Sec. 26.35735.  CLAIMS AUDIT.  (a)  The commission annually shall audit claims for payment from the petroleum storage tank remediation account.(b)  The commission shall conduct the audit in accordance with generally accepted accounting standards as prescribed by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, the United States General Accounting Office, or other professionally recognized entities that prescribe auditing standards.(c)  The commission may use generally recognized sampling techniques to audit claims if the commission determines that the use of those techniques would be cost-effective and would promote greater efficiency in administering claims for payment from the petroleum storage tank remediation account.(d)  The commission may adopt rules necessary to implement this section.(e)  The commission may audit a claim for payment as required by this section only:(1)  under guidelines adopted by commission rule that relate to conducting an audit under this section and denying a claim as a result of that audit and that are in effect when the audit is conducted;  or(2)  in a case of suspected fraud.(f)  Not later than the 90th day after an audit under this section has been completed, the commission shall send a copy of the audit to the person whose claim for payment is the subject of the audit.|Added by Acts 1993, 73rd Leg., ch. 533, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 315, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 25, eff. Sept. 1, 1997.|
TX Water Code § 26.359 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.359. Local Regulation or Ordinance

Sec. 26.359.  LOCAL REGULATION OR ORDINANCE.  (a)  In this section, "local government" means a school district, county, municipality, junior college district, river authority, water district or other special district, or other political subdivision created under the constitution or a statute of this state.(b)  A regulation or ordinance adopted by a local government that imposes standards for the design, construction, installation, or operation of underground storage tanks is not valid. Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 965, Sec. 14.10 (c)  This section does not apply to a regulation or ordinance in effect as of January 1, 2001. Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 966, Sec. 11.02 (c)  This section does not apply to a rule adopted by the Edwards Aquifer Authority, or to a regulation or ordinance in effect as of January 1, 2001, or thereafter amended.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 14.10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 966, Sec. 11.02, eff. Sept. 1, 2001.|
TX Water Code § 26.360 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.360. Privatization of Program

Sec. 26.360.  PRIVATIZATION OF PROGRAM.  Notwithstanding other provisions of this subchapter, the commission by rule may authorize the privatization of any part of the program established under this subchapter.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.|
TX Water Code § 26.361 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.361. Expiration of Reimbursement Program

Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.  Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2012.  On or after September 1, 2012, the commission may not use money from the petroleum storage tank remediation account to reimburse an eligible owner or operator for any expenses of corrective action or to pay the claim of a person who has contracted with an eligible owner or operator to perform corrective action.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 28, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1442, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 14.10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 10, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 8, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 5.06, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 7, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1109 (H.B. 3554), Sec. 5, eff. August 27, 2007.|
TX Water Code § 26.362 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.362. Suit to Test Validity of Closure Letter

Sec. 26.362.  SUIT TO TEST VALIDITY OF CLOSURE LETTER.  The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if the letter is issued in accordance with commission rules.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.|
TX Water Code § 26.363 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.363. Reliance on Closure Letter

Sec. 26.363.  RELIANCE ON CLOSURE LETTER.  An owner or operator to whom a closure letter for a site has been issued under Section 26.3572 may not be held liable for the owner's or operator's conduct taken in reliance on and within the scope of the closure letter.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.|
TX Water Code § 26.364 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.364. Registration of Persons Who Contract to Perform Corrective Action

Sec. 26.364.  REGISTRATION OF PERSONS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.  (a)  The commission may implement a program under Chapter 37 to register persons who contract to perform corrective action under this subchapter.(b)  The commission, on the request of an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors, shall register the engineer in the program.(c)  An engineer registered in the program may contract to perform corrective action under this subchapter unless the Texas Board of Professional Engineers and Land Surveyors determines the engineer is not qualified to perform a corrective action.(d)  An engineer registered under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary procedures.(e)  The commission may not adopt minimum qualifications for an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors to contract with an eligible owner or operator to perform a corrective action under this subchapter.(f)  Any qualified contractor registered under Chapter 37 may conduct the characterization, study, appraisal, or investigation of a site.|Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.16, eff. September 1, 2019.|
TX Water Code § 26.365 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.365. Registration of Geoscientists Who Contract to Perform Corrective Action

Sec. 26.365.  REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.  (a)  In administering the program implemented under Section 26.364(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, shall register the geoscientist in the program.(b)  A geoscientist registered in the program may contract to perform corrective action under this subchapter unless the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, determines that the geoscientist is not qualified to perform a corrective action.(c)  A geoscientist registered under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary proceedings.(d)  The commission may not adopt minimum qualifications for a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, to contract with an eligible owner or operator to perform a corrective action under this subchapter.|Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.|
TX Water Code § 26.366 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.366. Licensure of Persons Who Supervise Corrective Actions

Sec. 26.366.  LICENSURE OF PERSONS WHO SUPERVISE CORRECTIVE ACTIONS.  (a)  The commission may implement a program under Chapter 37 to license persons who supervise a corrective action under this subchapter.(b)  The commission, on the request of an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors, shall license the engineer in the program.(c)  An engineer licensed in the program may supervise a corrective action under this subchapter unless the Texas Board of Professional Engineers and Land Surveyors determines the engineer is not qualified to supervise a corrective action.(d)  An engineer licensed under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary procedures.(e)  The commission may not adopt minimum qualifications for an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors to supervise a corrective action under this subchapter.|Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.17, eff. September 1, 2019.|
TX Water Code § 26.367 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.367. Licensure of Geoscientists Who Supervise Corrective Actions

Sec. 26.367.  LICENSURE OF GEOSCIENTISTS WHO SUPERVISE CORRECTIVE ACTIONS.  (a)  In administering the program implemented under Section 26.366(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, shall license the geoscientist in the program.(b)  A geoscientist licensed in the program may supervise a corrective action under this subchapter unless the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, determines that the geoscientist is not qualified to supervise a corrective action.(c)  A geoscientist licensed under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary proceedings.(d)  The commission may not adopt minimum qualifications for a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, to contract with an eligible owner or operator to supervise a corrective action under this subchapter.|Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.|
TX Water Code § 26.401 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter J. Groundwater Protection|Section 26.401. Legislative Findings

Sec. 26.401.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that:(1)  in order to safeguard present and future groundwater supplies, usable and potentially usable groundwater must be protected and maintained;(2)  protection of the environment and public health and welfare requires that groundwater be kept reasonably free of contaminants that interfere with present and potential uses of groundwater;(3)  groundwater contamination may result from many sources, including current and past oil and gas production and related practices, agricultural activities, industrial and manufacturing processes, commercial and business endeavors, domestic activities, and natural sources that may be influenced by or may result from human activities;(4)  the various existing and potential groundwater uses are important to the state economy;  and(5)  aquifers vary both in their potential for beneficial use and in their susceptibility to contamination.(b)  The legislature determines that, consistent with the protection of the public health and welfare, the propagation and protection of terrestrial and aquatic life, the protection of the environment, the operation of existing industries, and the maintenance and enhancement of the long-term economic health of the state, it is the goal of groundwater policy in this state that the existing quality of groundwater not be degraded.  This goal of nondegradation does not mean zero-contaminant discharge.(c)  It is the policy of this state that:(1)  discharges of pollutants, disposal of wastes, or other activities subject to regulation by state agencies be conducted in a manner that will maintain present uses and not impair potential uses of groundwater or pose a public health hazard;  and(2)  the quality of groundwater be restored if feasible.(d)  The legislature recognizes the important role of the use of the best professional judgment of the responsible state agencies in attaining the groundwater goal and policy of this state.|Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.|
TX Water Code § 26.402 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter J. Groundwater Protection|Section 26.402. Definition

Sec. 26.402.  DEFINITION.  In this subchapter, "committee" means the Texas Groundwater Protection Committee.|Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.295, eff. Sept. 1, 1995.|
TX Water Code § 26.403 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter J. Groundwater Protection|Section 26.403. Creation and Membership of Texas Groundwater Protection Committee

Sec. 26.403.  CREATION AND MEMBERSHIP OF TEXAS GROUNDWATER PROTECTION COMMITTEE.  (a)  The Texas Groundwater Protection Committee is created as an interagency committee to coordinate state agency actions for the protection of groundwater quality in this state.(b)  The commission is designated as the lead agency for the committee and shall administer the activities of the committee.(c)  The committee is composed of:(1)  the executive director of the commission;(2)  the executive administrator of the Texas Water Development Board;(3)  the executive director of the Railroad Commission of Texas;(4)  the commissioner of health of the Texas Department of Health;(5)  the deputy commissioner of the Department of Agriculture;(6)  the executive director of the State Soil and Water Conservation Board;(7)  the Director of the Texas Agricultural Experiment Station;(8)  the director of the Bureau of Economic Geology of The University of Texas at Austin;(9)  a representative selected by the Texas Alliance of Groundwater Districts;  and(10)  a representative of the Water Well Drillers and Water Well Pump Installers Program of the Texas Department of Licensing and Regulation selected by the executive director of the department.(d)  Each member of the committee listed in Subsections (c)(1) through (8) of this section may designate a personal representative from the member's agency to represent the member on the committee, but that designation does not relieve the member of responsibility for the acts and decisions of the representative.(e)  The executive director of the commission shall serve as chairman, and the executive administrator of the Texas Water Development Board shall serve as vice-chairman of the committee.|Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 77, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 72, Sec. 1, eff. Aug. 30, 1999.|
TX Water Code § 26.404 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter J. Groundwater Protection|Section 26.404. Administration

Sec. 26.404.  ADMINISTRATION.  (a)  The committee shall meet not less than once each calendar quarter at a time determined by the committee and at the call of the chairman.(b)  Each member of the committee serves on the committee as an additional duty of the member's office and is not entitled to compensation for service on the committee.(c)  Each member of the committee may receive reimbursement for actual and necessary expenses in carrying out committee responsibilities as provided by legislative appropriations.  Each member who is a representative of a state agency shall be reimbursed from the money budgeted to the member's state agency.(d)  Each agency listed in Sections 26.403(c)(1) through (8) of this code that is represented on the committee shall provide staff as necessary to assist the committee in carrying out its responsibilities.(e)  The committee is subject to Chapter 2001, Government Code, Chapter 551, Government Code, and Chapter 552, Government Code.|Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 77, Sec. 2, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (82), (88), eff. Sept. 1, 1995.|