reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 374.205 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.205. Limitation on Use of Fund for Third Parties

Sec. 374.205.  LIMITATION ON USE OF FUND FOR THIRD PARTIES.  Money from the fund may not be used to compensate third parties for bodily injury or property damage caused by a release, other than property damage included in a corrective action plan approved by the commission.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.206 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.206. Use of Other Sources of Money

Sec. 374.206.  USE OF OTHER SOURCES OF MONEY.  This chapter does not create a liability or responsibility on the part of the commission, the executive director, this state, or agents or employees of this state to pay any corrective action costs from a source other than the fund or to take corrective action if the amount of money in the fund is insufficient.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.207 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.207. Eligible Owner or Registered Person Exempt From Certain Claims

Sec. 374.207.  ELIGIBLE OWNER OR REGISTERED PERSON EXEMPT FROM CERTAIN CLAIMS. If an owner or a person registered under Section 374.1022 is eligible under this chapter to have corrective action costs paid by the fund, an administrative or judicial claim may not be made under state law against the owner or other person by or on behalf of this state or by any other person, except a political subdivision, to compel corrective action or seek recovery of the costs of corrective action that result from the release.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 7, eff. June 15, 2007.|
TX Health & Safety Code § 374.208 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.208. Unauthorized Payments

Sec. 374.208.  UNAUTHORIZED PAYMENTS.  (a)  The commission may pay costs from the fund under this chapter only if the costs are:(1)  integral to corrective action for a release;  or(2)  required for the administration or enforcement of this chapter.(b)  The commission may not spend money from the fund:(1)  for corrective action at a site contaminated by solvents normally used in dry cleaning operations, if the contamination did not result from the operation of a dry cleaning facility;(2)  for corrective action at a site, other than a dry cleaning facility, that is contaminated by dry cleaning solvents that were released while being transported to or from a dry cleaning facility by a person other than the owner of the dry cleaning facility or the owner's agents or employees;  or(3)  for the payment of any costs:(A)  associated with a fine or penalty brought against a dry cleaning facility owner under state or federal law;  or(B)  related to corrective action at a dry cleaning facility that:(i)  has been included by the United States Environmental Protection Agency on the national priorities list;  or(ii)  is a hazardous waste facility eligible for listing on the state registry under Subchapter F, Chapter 361.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.251 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration|Section 374.251. Review of Orders

Sec. 374.251.  REVIEW OF ORDERS.  (a)  A person affected by an order of the commission under this chapter may, on or before the 15th day after the date of service of the order, make a written request for a hearing.(b)  A person affected by the final order in an administrative hearing under Subsection (a) is entitled to judicial review and may appeal the order on or before the 31st day after the date on which the order was rendered.  If the state prevails in an appeal filed under this subsection, the state is entitled to recover reasonable expenses incurred in obtaining the judgment, including reasonable attorney's fees, costs involved in preparing for the litigation, and witness fees.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 15, eff. September 1, 2005.|
TX Health & Safety Code § 374.2511 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration|Section 374.2511. Closure of Unregistered Facility

Sec. 374.2511.  CLOSURE OF UNREGISTERED FACILITY.  The commission may issue a notice of violation to the owner or operator of a dry cleaning facility or dry cleaning drop station that is not registered under Section 374.102.  The notice must inform the owner or operator of the nature of the violation and state that the commission may order the dry cleaning facility or dry cleaning drop station to cease operation if the violation is not corrected within 30 days after the receipt of the notice.  If the owner or operator does not correct the violation within the prescribed time, the commission may order the dry cleaning facility or dry cleaning drop station to cease operation.|Added by Acts 2009, 81st Leg., R.S., Ch. 963 (H.B. 3547), Sec. 1, eff. September 1, 2009.|
TX Health & Safety Code § 374.252 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration|Section 374.252. Violations; Penalties

Sec. 374.252.  VIOLATIONS; PENALTIES.  (a)  A person is subject to an administrative penalty under Section 7.0525, Water Code, if the person:(1)  operates a dry cleaning facility or drop station in violation of this chapter, rules adopted under this chapter, or orders of the commission made under this chapter;(2)  prevents or hinders a properly identified authorized officer, employee, or agent of the commission, or a properly identified person under order of or contract with the commission, from entering, inspecting, sampling, or responding to a release as authorized by this chapter;(3)  knowingly makes any false material statement or representation in any record, report, or other document filed, maintained, or used for the purpose of compliance with this chapter;(4)  knowingly destroys, alters, or conceals any record that this chapter or rules adopted under this chapter require to be maintained;  or(5)  violates Section 374.151 or related commission rules.(b)  If a registration fee is not paid on or before the 30th day after the date the fee is due, the commission may assess a penalty not to exceed $50 per day for each day the fee is not paid.(c)  If a registration application for an operating dry cleaning facility or drop station is not filed with the commission on or before the 30th day after the date the application is due, the commission may assess a penalty not to exceed $50 per day for each day the application is not filed.(d)  The commission may use normal commission procedures for the collection of penalties and interest on a penalty imposed under this section.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 16, eff. September 1, 2005.|
TX Health & Safety Code § 374.253 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration|Section 374.253. Expiration

Sec. 374.253.  EXPIRATION.  (a)  This chapter expires on September 1, 2041.(b)  A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2041, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date.(c)  The commission may continue a corrective action that has not progressed beyond the investigative or planning stage after September 1, 2041, to the extent money from the fund is available.(d)  Any unobligated money remaining in the fund after the completion of all corrective actions under Subsection (b) shall be transferred to the general revenue fund to the credit of the commission or a successor agency.  The fund is abolished on the date of the transfer.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 17, eff. September 1, 2005.Acts 2021, 87th Leg., R.S., Ch. 38 (S.B. 872), Sec. 1, eff. May 15, 2021.|
TX Health & Safety Code § 382.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter A. General Provisions|Section 382.001. Short Title

Sec. 382.001.  SHORT TITLE.  This chapter may be cited as the Texas Clean Air Act.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 382.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter A. General Provisions|Section 382.002. Policy and Purpose

Sec. 382.002.  POLICY AND PURPOSE.  (a)  The policy of this state and the purpose of this chapter are to safeguard the state's air resources from pollution by controlling or abating air pollution and emissions of air contaminants, consistent with the protection of public health, general welfare, and physical property, including the esthetic enjoyment of air resources by the public and the maintenance of adequate visibility.(b)  It is intended that this chapter be vigorously enforced and that violations of this chapter or any rule or order of the Texas Commission on Environmental Quality result in expeditious initiation of enforcement actions as provided by this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.139, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0893, eff. April 2, 2015.|
TX Health & Safety Code § 382.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter A. General Provisions|Section 382.004. Construction While Permit Amendment Application Pending

Sec. 382.004.  CONSTRUCTION WHILE PERMIT AMENDMENT APPLICATION PENDING.  (a)  To the extent permissible under federal law, notwithstanding Section 382.0518, and except as provided by Subsection (c), a person who submits an application for a permit amendment may, at the person's own risk, begin construction related to the application after the executive director has issued a draft permit including the permit amendment.(b)  The commission may not consider construction begun under this section in determining whether to grant the permit amendment sought in the application.(c)  A person may not begin construction under this section if the facility that is the subject of the permit amendment is a concrete batch plant located within 880 yards of a property that is used as a residence.(d)  The commission shall adopt rules to implement this section.|Added by Acts 2005, 79th Leg., Ch. 422 (S.B. 1740), Sec. 1, eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1134 (H.B. 2726), Sec. 1, eff. January 1, 2020.|
TX Health & Safety Code § 382.011 (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 382.011. General Powers and Duties

Sec. 382.011.  GENERAL POWERS AND DUTIES.  (a)  The commission shall:(1)  administer this chapter;(2)  establish the level of quality to be maintained in the state's air;  and(3)  control the quality of the state's air.(b)  The commission shall seek to accomplish the purposes of this chapter through the control of air contaminants by all practical and economically feasible methods.(c)  The commission has the powers necessary or convenient to carry out its responsibilities.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.012 (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 382.012. State Air Control Plan

Sec. 382.012.  STATE AIR CONTROL PLAN.  The commission shall prepare and develop a general, comprehensive plan for the proper control of the state's air.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.013 (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 382.013. Air Quality Control Regions

Sec. 382.013.  AIR QUALITY CONTROL REGIONS.  The commission may designate air quality control regions based on jurisdictional boundaries, urban-industrial concentrations, and other factors, including atmospheric areas, necessary to provide adequate implementation of air quality standards.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.014 (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 382.014. Emission Inventory

Sec. 382.014.  EMISSION INVENTORY.  The commission may require a person whose activities cause emissions of air contaminants to submit information to enable the commission to develop an inventory of emissions of air contaminants in this state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0145 (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 382.0145. Clean Fuel Incentive Surcharge

Sec. 382.0145.  CLEAN FUEL INCENTIVE SURCHARGE.  (a)  The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15 of each year in an industrial or utility boiler that is:(1)  capable of using natural gas;  and(2)  located in a consolidated metropolitan statistical area or metropolitan statistical area with a population of 350,000 or more that has not met federal ambient air quality standards for ozone.(b)  The commission may not levy the clean fuel incentive surcharge on:(1)  waste oils, used oils, or hazardous waste-derived fuels burned for purposes of energy recovery or disposal, if the commission or the United States Environmental Protection Agency approves or permits the burning;(2)  fuel oil used during:(A)  any period of full or partial natural gas curtailment;(B)  any period when there is a failure to deliver sufficient quantities of natural gas to satisfy contractual obligations to the purchaser;  or(C)  a catastrophic event as defined by Section 382.063;(3)  fuel oil used between April 15 and October 15 in equipment testing or personnel training up to an aggregate of the equivalent of 48 hours full-load operation;  or(4)  any firm engaged in fixed price contracts with public works agencies for contracts entered into before August 28, 1989.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.015 (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 382.015. Power to Enter Property

Sec. 382.015.  POWER TO ENTER PROPERTY.  (a)  A member, employee, or agent of the commission may enter public or private property, other than property designed for and used exclusively as a private residence housing not more than three families, at a reasonable time to inspect and investigate conditions relating to emissions of air contaminants to or the concentration of air contaminants in the atmosphere.(b)  A member, employee, or agent who enters private property that has management in residence shall:(1)  notify the management, or the person then in charge, of the member's, employee's, or agent's presence;  and(2)  show proper credentials.(c)  A member, employee, or agent who enters private property shall observe that establishment's rules concerning safety, internal security, and fire protection.(d)  The commission is entitled to the remedies provided by Sections 382.082-382.085 if a member, employee, or agent is refused the right to enter public or private property as provided by this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.144, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.016 (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 382.016. Monitoring Requirements; Examination of Records

Sec. 382.016.  MONITORING REQUIREMENTS;  EXAMINATION OF RECORDS.  (a)  The commission may prescribe reasonable requirements for:(1)  measuring and monitoring the emissions of air contaminants from a source or from an activity causing or resulting in the emission of air contaminants subject to the commission's jurisdiction under this chapter;  and(2)  the owner or operator of the source to make and maintain records on the measuring and monitoring of emissions.(b)  A member, employee, or agent of the commission may examine during regular business hours any records or memoranda relating to the operation of any air pollution or emission control equipment or facility, or relating to emission of air contaminants.  This subsection does not authorize the examination of records or memoranda relating to the operation of equipment or a facility on property designed for and used exclusively as a private residence housing not more than three families.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.145, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0161 (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 382.0161. Air Pollutant Watch List

Sec. 382.0161.  AIR POLLUTANT WATCH LIST.  (a)  The commission shall establish and maintain an air pollutant watch list.  The air pollutant watch list must identify:(1)  each air contaminant that the commission determines, on the basis of federal or state ambient air quality standards for the contaminant, should be included on the air pollutant watch list; and(2)  each geographic area of the state for which ambient air quality monitoring data indicates that the individual or cumulative emissions of one or more air contaminants identified by the commission under Subdivision (1) may cause short-term or long-term adverse human health effects or odors in that area.(b)  The commission shall publish notice of and allow public comment on:(1)  an addition of an air contaminant to or removal of an air contaminant from the air pollutant watch list; or(2)  an addition of an area to or removal of an area from the air pollutant watch list.(c)  When considering the addition or removal of an area to or from the air pollutant watch list, the commission shall provide the monitoring data related to the area to the state senator and representative who represent the area.(d)  The commission may hold a public meeting in an area listed on the air pollutant watch list to provide residents of the area with information regarding:(1)  the reasons for the area's inclusion on the air pollutant watch list; and(2)  commission actions to reduce the emissions of air contaminants contributing to the area's inclusion on the air pollutant watch list.(e)  The air pollutant watch list and the addition or removal of a pollutant or area to or from the list are not matters subject to the requirements of Subchapter B, Chapter 2001, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 780 (H.B. 1981), Sec. 1, eff. September 1, 2011.|