reglab/housing_qa huggingface dataset:
TX Water Code § 5.5146 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter L. Emergency and Temporary Orders|Section 5.5146. Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit

Sec. 5.5146.  EMERGENCY ORDER CONCERNING OPERATION OF CERTAIN TREATMENT FACILITIES WITHOUT PERMIT.  The commission may issue an emergency order under this  subchapter suspending operations of a treatment facility that:(1)  handles waste and wastewater from humans or household operations;(2)  is required to obtain a permit from the commission; and(3)  is operating without the required permit.|Added by Acts 2015, 84th Leg., R.S., Ch. 806 (H.B. 3264), Sec. 1, eff. June 17, 2015.|
TX Water Code § 5.516 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter L. Emergency and Temporary Orders|Section 5.516. Emergency Order Under Section 401

Sec. 5.516.  EMERGENCY ORDER UNDER SECTION 401.056, HEALTH AND SAFETY CODE.  The commission may issue an emergency order under Section 401.056, Health and Safety Code, in the manner provided by this subchapter.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.|
TX Water Code § 5.551 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.551. Permitting Procedures; Applicability

Sec. 5.551.  PERMITTING PROCEDURES;  APPLICABILITY.  (a)  This subchapter establishes procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing under Subchapters C-H, Chapter 2001, Government Code, regarding commission actions relating to a permit issued under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.  This subchapter is procedural and does not expand or restrict the types of commission actions for which public notice, an opportunity for public comment, and an opportunity for public hearing are provided under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.(a-1)  Notwithstanding Section 18.002, this subchapter does not apply to a permit issued under Section 18.005(c)(2) if the point of discharge is not located within three miles of any point located on the coast of this state.(b)  The commission by rule shall provide for additional notice, opportunity for public comment, or opportunity for hearing to the extent necessary to satisfy a requirement for United States Environmental Protection Agency authorization of a state permit program.(c)  In this subchapter, "permit" means a permit, approval, registration, or other form of authorization required by law for a person to engage in an action.|Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 3, eff. June 17, 2015.|
TX Water Code § 5.553 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.553. Preliminary Decision; Notice and Public Comment

Sec. 5.553.  PRELIMINARY DECISION;  NOTICE AND PUBLIC COMMENT.  (a)  The executive director shall conduct a technical review of and issue a preliminary decision on the application.(b)  The applicant shall publish notice of the preliminary decision in a newspaper.(c)  The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period.  The notice must include:(1)  the information required by Sections 5.552(c)(1)-(5);(2)  a summary of the preliminary decision;(3)  the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (e);(4)  a description of the manner in which comments regarding the preliminary decision may be submitted;  and(5)  any other information the commission by rule requires.(d)  In addition to providing notice under this section, the applicant shall comply with any applicable public notice requirements under Chapters 26 and 27 of this code, Chapter 361, Health and Safety Code, and rules adopted under those chapters.(e)  The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.|Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.|
TX Water Code § 5.554 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.554. Public Meeting

Sec. 5.554.  PUBLIC MEETING.  During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or proposed to be located.  The executive director shall hold a public meeting:(1)  on the request of a member of the legislature who represents the general area in which the facility is located or proposed to be located;  or(2)  if the executive director determines that there is substantial public interest in the proposed activity.|Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.|
TX Water Code § 5.555 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.555. Response to Public Comments

Sec. 5.555.  RESPONSE TO PUBLIC COMMENTS.  (a)  The executive director, in accordance with procedures provided by commission rule, shall file with the chief clerk of the commission a response to each relevant and material public comment on the preliminary decision filed during the public comment period.(b)  The chief clerk of the commission shall transmit the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing to:(1)  the applicant;(2)  any person who submitted comments during the public comment period;  and(3)  any person who requested to be on the mailing list for the permit action.|Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.|
TX Water Code § 5.5553 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.5553. Notice of Draft Permit

Sec. 5.5553.  NOTICE OF DRAFT PERMIT.  (a)  This section applies only to a permit application that is eligible to be referred for a contested case hearing under Section 5.556 or 5.557.(b)  Notwithstanding any other law, not later than the 30th day before the date the commission issues a draft permit in connection with a permit application, the executive director shall provide written notice to the state senator and state representative of the area in which the facility that is the subject of the permit is located.|Added by Acts 2015, 84th Leg., R.S., Ch. 116 (S.B. 709), Sec. 4, eff. September 1, 2015.|
TX Water Code § 5.556 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.556. Request for Reconsideration or Contested Case Hearing

Sec. 5.556.  REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING.  (a)  A person may request that the commission reconsider the executive director's decision or hold a contested case hearing.  A request must be filed with the commission during the period provided by commission rule.(b)  The commission shall act on a request during the period provided by commission rule.(c)  The commission may not grant a request for a contested case hearing unless the commission determines that the request was filed by an affected person as defined by Section 5.115.(d)  The commission may not refer an issue to the State Office of Administrative Hearings for a hearing unless the commission determines that the issue:(1)  involves a disputed question of fact;(2)  was raised during the public comment period;  and(3)  is relevant and material to the decision on the application.(e)  If the commission grants a request for a contested case hearing it shall:(1)  limit the number and scope of the issues to be referred to the State Office of Administrative Hearings for a hearing;  and(2)  consistent with the nature and number of the issues to be considered at the hearing, specify the maximum expected duration of the hearing.(f)  This section does not preclude the commission from holding a hearing if it determines that the public interest warrants doing so.|Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.|
TX Water Code § 5.557 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.557. Direct Referral to Contested Case Hearing

Sec. 5.557.  DIRECT REFERRAL TO CONTESTED CASE HEARING.  (a)  Immediately after the executive director issues a preliminary decision on an application under Section 5.553, the commission, on the request of the applicant or the executive director, shall refer the application directly to the State Office of Administrative Hearings for a contested case hearing on whether the application complies with all applicable statutory and regulatory requirements.(b)  Sections 5.554, 5.555, and 5.556 of this code and Sections 2003.047(e) and (f), Government Code, do not apply to an application referred for a hearing under Subsection (a).(c)  Notwithstanding Subsection (b), the commission by rule shall provide for public comment and the executive director's response to public comment to be entered into the administrative record of decision on an application.|Added by Acts 2001, 77th Leg., ch. 935, Sec. 3, eff. June 14, 2001.|
TX Water Code § 5.558 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter M. Environmental Permitting Procedures|Section 5.558. Clean Coal Project Permitting

Sec. 5.558.  CLEAN COAL PROJECT PERMITTING.  (a)  As authorized by federal law, the commission by rule shall implement reasonably streamlined processes for issuing permits required to construct a component of the FutureGen project designed to meet the FutureGen emissions profile as defined by Section 382.0565, Health and Safety Code.(b)  When acting under a rule adopted under Subsection (a), the commission shall use public meetings, informal conferences, or advisory committees to gather the opinions and advice of interested persons.(c)  The permit processes authorized by this section are not subject to the requirements relating to a contested case hearing under this chapter, Chapter 382, Health and Safety Code, or Subchapters C-G, Chapter 2001, Government Code.(d)  This section does not apply to an application for a permit to construct or modify a new or existing coal-fired electric generating facility that will use pulverized or supercritical pulverized coal.|Added by Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 7, eff. June 18, 2005.|
TX Water Code § 5.601 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.601. Definitions

Sec. 5.601.  DEFINITIONS.  In this subchapter:(1)  "Approved implementation program" means an implementation plan identified as part of an approved comprehensive conservation and management plan.(2)  "Approved comprehensive conservation and management plan" means an estuary management plan that is prepared through the efforts of citizens, organizations, industries, local governments, and state and national agencies working together as part of the National Estuary Program to develop long-term comprehensive conservation and management plans (CCMPs) and that has been approved by the governor of Texas and the administrator of the United States Environmental Protection Agency to protect the environment and the economies of the state and of the regions with estuaries.  The term includes the plans for Galveston Bay and the Coastal Bend estuaries.(3)  "Implementing agency" means the entity identified for day-to-day administration of an estuary program.  An implementing agency may be a state agency or other local or regional entity, as identified in an approved estuary management plan.(4)  "National Estuary Program" means the cooperative estuary management program authorized by and developed under Section 320 of the Federal Water Pollution Control Act (33 U.S.C. Section 1330), as amended.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.551 by Acts 2001, 77th Leg., ch. 1420, Sec.  21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.602 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.602. Recognition of National Significance of Estuaries of Texas Coast

Sec. 5.602.  RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS COAST.  The state recognizes the state and national significance of estuaries on the Texas coast and that the cooperative efforts created by the National Estuary Program serve a public and state purpose.  By virtue of that state purpose, an approved implementation program established under the National Estuary Program is eligible to receive state funds through a grant program administered by the commission.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.552 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.603 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.603. Finding of Benefit and Public Purpose

Sec. 5.603.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  The state recognizes the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and estuaries productive, protecting the economies of those areas, and continuing the involvement of the public and the many interests who use and appreciate the estuarine resources of Texas.  State and local government participation in estuary programs to protect natural resources serves a public use and benefit.  The state and the implementing agencies recognize the prerogatives of local governments and the sanctity of private property rights.  No action by an estuary program is intended to usurp the authority of any local government.  A local government's participation in or withdrawal from an estuary program is at the sole discretion of the local government and is subject only to the local government's obligation to complete any financial commitment it has made.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.553 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.604 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.604. Lead State Agency

Sec. 5.604.  LEAD STATE AGENCY.  The commission is the lead state agency for the implementation of approved comprehensive conservation and management plans developed under the National Estuary Program.  The commission may accept federal grants for purposes of this subchapter and may award grants and enter into contracts with an implementing agency for the implementation of approved plans under this subchapter.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.554 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.605 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.605. State Agency Participation

Sec. 5.605.  STATE AGENCY PARTICIPATION.  (a)  The following state agencies shall participate and provide assistance to the estuary programs in implementing approved comprehensive conservation and management plans:(1)  the General Land Office;(2)  the Parks and Wildlife Department;(3)  the Texas Department of Transportation;(4)  the Railroad Commission of Texas;(5)  the State Soil and Water Conservation Board;(6)  the Texas Water Development Board;  and(7)  the Texas Department of Health.(b)  Other state agencies may participate as necessary or convenient.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.555 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.606 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.606. Estuary Program Offices

Sec. 5.606.  ESTUARY PROGRAM OFFICES.  To accomplish the purposes of this subchapter, the estuary program office of any estuary of the state included in the National Estuary Program and for which the commission is the implementing agency shall be maintained in the region of the estuary involved.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.556 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.607 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.607. Implementation Funding

Sec. 5.607.  IMPLEMENTATION FUNDING.  Funding for the implementation of approved comprehensive conservation and management plans is to be shared by the state, local governments in the area of the estuaries, the federal government, and other participants.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.557 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.608 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.608. Eligibility for State Funding

Sec. 5.608.  ELIGIBILITY FOR STATE FUNDING.  A comprehensive conservation and management plan is eligible for state funding to assist in implementation of the plan if:(1)  the estuary involved has been designated jointly by the governor and the United States Environmental Protection Agency as an estuary of national significance in accordance with Section 320 of the Federal Water Pollution Control Act (33 U.S.C. Section 1330), as amended;  and(2)  the comprehensive conservation and management plan for the estuary involved, together with the accompanying implementation plan, has been completed and approved.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.558 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.609 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter N. Estuary Management Plans|Section 5.609. Administration

Sec. 5.609.  ADMINISTRATION.  The commission, as the lead state agency for administering the state's share of funds, and any state agency designated as an implementing agency for an approved comprehensive conservation and management plan may accept and make grants and enter into contracts to accomplish the actions identified in the approved plan and to further the purposes of this subchapter.|Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.559 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.|
TX Water Code § 5.702 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter P. Fees|Section 5.702. Payment of Fees Required When Due

Sec. 5.702.  PAYMENT OF FEES REQUIRED WHEN DUE.  (a)  A fee due the commission under this code or the Health and Safety Code shall be paid on the date the fee is due, regardless of whether the fee is billed by the commission to the person required to pay the fee or is calculated and paid to the commission by the person required to pay the fee.(b)  A person required to pay a fee to the commission may not dispute the assessment of or amount of a fee before the fee has been paid in full.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.|
TX Water Code § 5.703 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter P. Fees|Section 5.703. Fee Adjustments

Sec. 5.703.  FEE ADJUSTMENTS.  (a)  The commission may not consider adjusting the amount of a fee due the commission under this code or the Health and Safety Code:(1)  before the fee has been paid in full;  or(2)  if the request for adjustment is received after the first anniversary of the date on which the fee was paid in full.(b)  A person who pays an amount that exceeds the amount of the fee due because the commission incorrectly calculated the fee or the person made a duplicate payment may request a refund of the excess amount paid before the fourth anniversary of the date on which the excess amount was paid.(c)  A request for a refund or credit in an amount that exceeds $5,000 shall be forwarded for approval to the commission fee audit staff, together with an explanation of the grounds for the requested refund or credit.  Approval of a refund or credit does not prevent the fee audit staff from conducting a subsequent audit of the person for whom the refund or credit was approved.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.|
TX Water Code § 5.704 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter P. Fees|Section 5.704. Notice of Change in Payment Procedure

Sec. 5.704.  NOTICE OF CHANGE IN PAYMENT PROCEDURE.  The commission shall promptly notify each person required to pay a commission fee under this code or the Health and Safety Code of any change in fee payment procedures.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.|
TX Water Code § 5.705 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 5 - Texas Commission on Environmental Quality|Subchapter P. Fees|Section 5.705. Notice of Violation

Sec. 5.705.  NOTICE OF VIOLATION.  (a)  The commission may issue a notice of violation to a person required to pay a commission fee under this code or the Health and Safety Code for knowingly violating reporting requirements or knowingly calculating the fee in an amount less than the amount actually due. (b)  The executive director may modify audit findings reported by a commission fee auditor only if the executive director provides a written explanation showing good cause for the modification.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.|