reglab/housing_qa huggingface dataset:
TX Water Code § 32.056 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter B. Jurisdiction of Commission|Section 32.056. Hearing on Permit Application

Sec. 32.056.  HEARING ON PERMIT APPLICATION.  (a)  In this section, "local government" has the meaning assigned by Section 26.001.(b)  The commission may hold a public hearing on a permit application for a subsurface area drip dispersal system if the commission determines that a hearing is necessary and in the public interest.(c)  The commission shall hold a public hearing on a permit application for a subsurface area drip dispersal system if a hearing is requested by a local government located in the county of the proposed disposal site or by an affected person.(d)  The commission by rule shall provide for giving notice of the opportunity to request a public hearing on a permit application.  The rules for notice shall include provisions for giving notice to local governments and affected persons.(e)  Before the commission begins to hear the testimony in a contested case as defined by Chapter 2001, Government Code, evidence must be placed in the record to demonstrate that proper notice regarding the hearing was given to affected persons.  If mailed notice to an affected person is required, the commission or other party to the hearing shall place evidence in the record that notice was mailed to the address of the affected person included in the appropriate county tax rolls at the time of mailing.  For the purposes of this subsection, the affidavit of the commission employee responsible for the mailing of the notice, attesting to the fact that notice was mailed to the address included in the tax rolls at the time of mailing, shall be prima facie evidence of proper mailing.  The commission may not proceed with receipt of testimony in a contested case until the requirements of this subsection are complied with.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.|
TX Water Code § 32.057 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter B. Jurisdiction of Commission|Section 32.057. Opportunity to Comment on Proposed Rules

Sec. 32.057.  OPPORTUNITY TO COMMENT ON PROPOSED RULES.  The commission shall send copies of proposed rules under this chapter to the department and any other persons designated by the commission.  A person to whom the copies of proposed rules are sent may submit comments and recommendations to the commission and shall have a reasonable time to do so as determined by the commission.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.|
TX Water Code § 32.101 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter C. Issuance of Permits: Terms and Conditions|Section 32.101. Issuance of Permit

Sec. 32.101.  ISSUANCE OF PERMIT.  (a)  The commission may grant an application for a permit for a subsurface area drip dispersal system in whole or part and may issue the permit if it finds that:(1)  the use or installation of the system is in the public interest;(2)  with proper safeguards, both subsurface and surface fresh water can be adequately protected from pollution; and(3)  the applicant has provided for the proper operation of the system.(b)  In the permit, the commission shall impose terms and conditions reasonably necessary to protect fresh water from pollution.(c)  The commission, in determining if the use or installation of a subsurface area drip dispersal system is in the public interest under Subsection (a)(1), shall consider:(1)  compliance history of the applicant and related entities under the method for using compliance history developed by the commission under Section 5.754 and in accordance with the provisions of Subsection (d) of this section;(2)  whether there is a practical, economic, and feasible alternative to a subsurface area drip dispersal system reasonably available; and(3)  any other factor the commission considers relevant.(d)  The commission shall establish a procedure for the preparation of comprehensive summaries of the applicant's compliance history, including the compliance history of any corporation or other business entity managed, owned, or otherwise closely related to the applicant.  The summaries shall be made available to the applicant and any interested person after the commission has completed its technical review of the permit application and prior to giving public notice relating to the issuance of the permit.  Evidence of compliance or noncompliance by an applicant for a subsurface area drip dispersal system permit with environmental statutes and the rules adopted or orders or permits issued by the commission may be offered by any party at a hearing on the applicant's application and admitted into evidence subject to applicable rules of evidence.  Evidence of the compliance history of an applicant for a subsurface area drip dispersal system permit may be offered by the executive director at a hearing on the application and admitted into evidence subject to the rules of evidence.  The commission shall consider all evidence admitted, including compliance history, in determining whether to issue, amend, extend, or renew a permit.  If the commission concludes that the applicant's compliance history is unacceptable, the commission shall deny the permit.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.22, eff. September 1, 2011.|
TX Water Code § 32.102 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter C. Issuance of Permits: Terms and Conditions|Section 32.102. Copies of Permit Filing Requirements

Sec. 32.102.  COPIES OF PERMIT FILING REQUIREMENTS.  (a)  The commission shall send to the department a copy of each permit issued under this chapter.(b)  Before beginning injection operations, a person receiving a permit for a subsurface area drip dispersal system shall file a copy of the permit with the applicable local health authorities of the area in which the system is located.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.|
TX Water Code § 32.151 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter D. General Powers|Section 32.151. Power to Enter Property

Sec. 32.151.  POWER TO ENTER PROPERTY.  A member or employee of the commission or an authorized agent or employee of a local government may enter public or private property to inspect and investigate conditions relating to a subsurface area drip dispersal system in connection with subsurface drip dispersal activities or to monitor compliance with a rule, permit, or order of the commission.  A member or employee acting under the authority of this section who enters an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.|
TX Water Code § 32.152 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 32 - Subsurface Area Drip Dispersal System|Subchapter D. General Powers|Section 32.152. Power to Examine Records

Sec. 32.152.  POWER TO EXAMINE RECORDS.  A member or employee of the commission or an authorized agent or employee of a local government may examine and copy any record or memorandum of a business the member, employee, or agent is investigating as provided by Section 32.151 that relates to the operation of a subsurface area drip dispersal system or any other record the commission requires the business to maintain.|Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.|
TX Water Code § 36.0015 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter A. General Provisions|Section 36.0015. Purpose

Sec. 36.0015.  PURPOSE.  (a)  In this section, "best available science" means conclusions that are logically and reasonably derived using statistical or quantitative data, techniques, analyses, and studies that are publicly available to reviewing scientists and can be  employed to address a specific scientific question.(b)  In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution, groundwater conservation districts may be created as provided by this chapter.  Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management in order to protect property rights, balance the conservation and development of groundwater to meet the needs of this state, and use the best available science in the conservation and development of groundwater through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.21, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.30, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 1, eff. September 1, 2015.|
TX Water Code § 36.002 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter A. General Provisions|Section 36.002. Ownership of Groundwater

Sec. 36.002.  OWNERSHIP OF GROUNDWATER.  (a)  The legislature recognizes that a landowner owns the groundwater below the surface of the landowner's land as real property.(b)  The groundwater ownership and rights described by this section entitle the landowner, including a landowner's lessees, heirs, or assigns, to:(1)  drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence; and(2)  have any other right recognized under common law.(b-1)  The groundwater ownership and rights described by this section do not:(1)  entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of that landowner's land; or(2)  affect the existence of common law defenses or other defenses to liability under the rule of capture.(c)  Nothing in this code shall be construed as granting the authority to deprive or divest a landowner, including a landowner's lessees, heirs, or assigns, of the groundwater ownership and rights described by this section.(d)  This section does not:(1)  prohibit a district from limiting or prohibiting the drilling of a well by a landowner for failure or inability to comply with minimum well spacing or tract size requirements adopted by the district;(2)  affect the ability of a district to regulate groundwater production as authorized under Section 36.113, 36.116, or 36.122 or otherwise under this chapter or a special law governing a district; or(3)  require that a rule adopted by a district allocate to each landowner a proportionate share of available groundwater for production from the aquifer based on the number of acres owned by the landowner.(e)  This section does not affect the ability to regulate groundwater in any manner authorized under:(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Subsidence District; and(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.31, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1116 (H.B. 2423), Sec. 2, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1207 (S.B. 332), Sec. 1, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 590 (H.B. 4112), Sec. 1, eff. June 16, 2015.|
TX Water Code § 36.011 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.011. Method of Creating District

Sec. 36.011.  METHOD OF CREATING DISTRICT.  (a)  A groundwater conservation district may be created under and subject to the authority, conditions, and restrictions of Section 59, Article XVI, Texas Constitution.(b)  The commission has exclusive jurisdiction over the creation of districts.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.32, eff. Sept. 1, 2001.|
TX Water Code § 36.012 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.012. Composition of District

Sec. 36.012.  COMPOSITION OF DISTRICT.  (a)  A district may include all or part of one or more counties, cities, districts, or other political subdivisions.(b)  A district may not include territory located in more than one county except on a majority vote of the voters residing within the territory in each county sought to be included in the district at an election called for that purpose.(c)  The boundaries of a district must be coterminous with or inside the boundaries of a management area or a priority groundwater management area.(d)  A district may consist of separate bodies of land separated by land not included in the district.(e)  A majority of the voters in a segregated area must approve the creation of the district before that area may be included in the district.(f)  This section does not apply to districts created under Section 36.0151.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.33, eff. Sept. 1, 2001.|
TX Water Code § 36.013 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.013. Petition to Create District

Sec. 36.013.  PETITION TO CREATE DISTRICT.  (a)  A petition requesting creation of a district must be filed with the commission for review and certification under Section 36.015.(b)  The petition filed pursuant to this section must be signed by:(1)  a majority of the landowners within the proposed district, as indicated by the county tax rolls;  or(2)  if there are more than 50 landowners in the proposed district, at least 50 of those landowners.(c)  The petition must include:(1)  the name of the proposed district;(2)  the area and boundaries of the proposed district, including a map generally outlining the boundaries of the proposed district;(3)  the purpose or purposes of the district;(4)  a statement of the general nature of any projects proposed to be undertaken by the district, the necessity and feasibility of the work, and the estimated costs of those projects according to the persons filing the projects if the projects are to be funded by the sale of bonds or notes;(5)  the names of at least five individuals qualified to serve as temporary directors;  and(6)  financial information, including the projected maintenance tax or production fee rate and a proposed budget of revenues and expenses for the district.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.23, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.34, eff. Sept. 1, 2001.|
TX Water Code § 36.014 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.014. Notice and Public Meeting on District Creation

Sec. 36.014.  NOTICE AND PUBLIC MEETING ON DISTRICT CREATION.  (a)  If a petition is filed under Section 36.013, the commission shall give notice of the application and shall conduct a public meeting in a central location within the area of the proposed district on the application not later than the 60th day after the date the commission issues notice.  The notice must contain the date, time, and location of the public meeting and must be published in one or more newspapers of general circulation in the area of the proposed district.(b)  If the petition contains a request to create a management area in all or part of the proposed district, the notice must also be given in accordance with the requirements in Section 35.006 for the designation of management areas.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.35, eff. Sept. 1, 2001.|
TX Water Code § 36.015 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.015. Commission Certification and Order

Sec. 36.015.  COMMISSION CERTIFICATION AND ORDER.  (a)  Not later than the 90th day after the date the commission holds a public meeting on a petition under Section 36.014, the commission shall certify the petition if the petition is administratively complete.  A petition is administratively complete if it complies with the requirements of Sections 36.013(b) and (c).(b)  The commission may not certify a petition if the commission finds that the proposed district cannot be adequately funded to carry out its purposes based on the financial information provided in the petition under Section 36.013(c)(6) or that the boundaries of the proposed district do not provide for the effective management of the groundwater resources.  The commission shall give preference to boundary lines that are coterminous with those of a groundwater management area but may also consider boundaries along existing political subdivision boundaries if such boundaries would facilitate district creation and confirmation.(c)  If a petition proposes the creation of a district in an area, in whole or in part, that has not been designated as a management area, the commission shall provide notice to the Texas Water Development Board.  On the receipt of notice from the commission, the Texas Water Development Board shall initiate the process of designating a management area for the area of the proposed district not included in a management area.  The commission may not certify the petition until the Texas Water Development Board has adopted a rule whereby the boundaries of the proposed district are coterminous with or inside the boundaries of a management area.(d)  If the commission does not certify the petition, the commission shall provide to the petitioners, in writing, the reasons for not certifying the petition.  The petitioners may resubmit the petition, without paying an additional fee, if the petition is resubmitted within 90 days after the date the commission sends the notice required by this subsection.(e)  If the commission certifies the petition as administratively complete, the commission shall issue an order, notify the petitioners, and appoint temporary directors as provided by Section 36.016.(f)  Refusal by the commission to certify a petition to create a district does not invalidate or affect the designation of any management area.|Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.36, eff. Sept. 1, 2001.|
TX Water Code § 36.0151 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter B. Creation of District|Section 36.0151. Creation of District for Priority Groundwater Management Area

Sec. 36.0151.  CREATION OF DISTRICT FOR PRIORITY GROUNDWATER MANAGEMENT AREA.  (a)  If the commission is required to create a district under Section 35.012(b), it shall, without an evidentiary hearing, issue an order creating the district and shall provide in its order that temporary directors be appointed under Section 36.0161 and that an election be called by the temporary directors to authorize the district to assess taxes and to elect permanent directors.(b)  The commission shall notify the county commissioners court of each county with territory in the district of the district's creation as soon as practicable after issuing the order creating the district.(c)  The commission may amend the territory in an order issued under Section 35.008 or this section to adjust for areas that, in the time between when the order was issued under Section 35.008 and the order is issued under this section, have:(1)  been added to an existing district or created as a separate district; or(2)  not been added to an existing district or created as a separate district.(d)  In making a modification under Subsection (c), the commission may recommend:(1)  creation of a new district in the area; or(2)  that the area be added to a different district.(e)  Except as provided by Section 35.013(h), a change in the order under Subsection (c) does not affect a deadline under Section 35.012 or 35.013.(f)  Before September 1, 2021, the commission may not create a groundwater conservation district under this section in a county:(1)  in which the annual amount of surface water used is more than 50 times the annual amount of groundwater produced;(2)  that is located in a priority groundwater management area; and(3)  that has a population greater than 2.3 million.(g)  To the extent of a conflict between Subsection (f) and Section 35.012, Subsection (f) prevails.(h)  The commission may charge an annual fee not to exceed $500 to a county described by Subsection (f) for the purpose of studying compliance with that subsection in that county and the overall groundwater consumption in that county.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.37, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 886 (S.B. 313), Sec. 5, eff. June 17, 2011.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 77.01, eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1196 (S.B. 1336), Sec. 12, eff. September 1, 2015.|