reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 382.017 (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 382.017. Rules

Sec. 382.017.  RULES.  (a)  The commission may adopt rules.  The commission shall hold a public hearing before adopting a rule consistent with the policy and purposes of this chapter.(b)  If the rule will have statewide effect, notice of the date, time, place, and purpose of the hearing shall be published one time at least 20 days before the scheduled date of the hearing in at least three newspapers, the combined circulation of which will, in the commission's judgment, give reasonable circulation throughout the state.  If the rule will have effect in only a part of the state, the notice shall be published one time at least 20 days before the scheduled date of the hearing in a newspaper of general circulation in the area to be affected.(c)  Any person may appear and be heard at a hearing to adopt a rule.  The executive director shall make a record of the names and addresses of the persons appearing at the hearing.  A person heard or represented at the hearing or requesting notice of the commission's action shall be sent by mail written notice of the commission's action.(d)  Subsections (a) and (b) notwithstanding, the commission may adopt rules consistent with Chapter 2001, Government Code, if the commission determines that the need for expeditious adoption of proposed rules requires use of those procedures.(e)  The terms and provisions of a rule adopted by the commission may differentiate among particular conditions, particular sources, and particular areas of the state.  In adopting a rule, the commission shall recognize that the quantity or characteristic of air contaminants or the duration of their presence in the atmosphere may cause a need for air control in one area of the state but not in other areas.  In this connection, the commission shall consider:(1)  the factors found by it to be proper and just, including existing physical conditions, topography, population, and prevailing wind direction and velocity;  and(2)  the fact that a rule and the degrees of conformance with the rule that may be proper for an essentially residential area of the state may not be proper for a highly developed industrial area or a relatively unpopulated area.(f)  Except as provided by Sections 382.0171-382.021 or to comply with federal law or regulations, the commission by rule may not specify:(1)  a particular method to be used to control or abate air pollution;(2)  the type, design, or method of installation of equipment to be used to control or abate air pollution;  or(3)  the type, design, method of installation, or type of construction of a manufacturing process or other kind of equipment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 137, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.33, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.145, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0171 (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 382.0171. Alternative Fuels and Select-Use Technologies

Sec. 382.0171.  ALTERNATIVE FUELS AND SELECT-USE TECHNOLOGIES.  (a)  In adopting rules, the commission shall encourage and may allow the use of natural gas and other alternative fuels, as well as select-use technologies, that will reduce emissions.(b)  Any orders or determinations made under this section must be consistent with Section 382.024.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 138, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.146, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.019 (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 382.019. Methods Used to Control and Reduce Emissions From Land Vehicles

Sec. 382.019.  METHODS USED TO CONTROL AND REDUCE EMISSIONS FROM LAND VEHICLES.  (a)  Except as provided by Section 382.202(j), or another provision of this chapter, the commission by rule may provide requirements concerning the particular method to be used to control and reduce emissions from engines used to propel land vehicles.(b)  The commission may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed to control emissions from motor vehicles if that feature or equipment has been certified, approved, or otherwise authorized under federal law.(c)  The commission or any other state agency may not adopt a rule requiring the use of Stage II vapor recovery systems that control motor vehicle refueling emissions at a gasoline dispensing facility in this state until the United States Environmental Protection Agency determines that the use of the system is required for compliance with the federal Clean Air Act (42 U.S.C. 7401 et seq.), except the commission may adopt rules requiring such vapor recovery systems installed in nonattainment areas if it can be demonstrated to be necessary for the attainment of federal ozone ambient air quality standards or, following appropriate health studies and in consultation with the Department of State Health Services, it is determined to be necessary for the protection of public health.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.24, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.147, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 15.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10.008(b), eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0895, eff. April 2, 2015.|
TX Health & Safety Code § 382.0191 (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 382.0191. Idling of Motor Vehicle

Sec. 382.0191.  IDLING OF MOTOR VEHICLE.  (a)  In this section, "idling" means allowing an engine to run while the motor vehicle is not engaged in forward or reverse motion.(b)  The commission may not prohibit or limit the idling of any motor vehicle with a gross vehicle weight rating greater than 8,500 pounds that is equipped with a 2008 or subsequent model year heavy-duty diesel engine or liquefied or compressed natural gas engine that has been certified by the United States Environmental Protection Agency or another state environmental agency to emit no more than 30 grams of nitrogen oxides emissions per hour when idling.|Added by Acts 2011, 82nd Leg., R.S., Ch. 390 (S.B. 493), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 382.0195 (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 382.0195. Commercial Infectious Waste Incinerators

Sec. 382.0195.  COMMERCIAL INFECTIOUS WASTE INCINERATORS.  (a)  The commission shall adopt rules prescribing the most effective emissions control technology reasonably available to control emissions of air contaminants from a commercial infectious waste incinerator.(b)  Rules adopted under this section must require that the prescribed emissions control technology be installed as soon as practicable at each commercial infectious waste incinerator.(c)  In this section, "commercial infectious waste incinerator" means a facility that accepts for incineration infectious waste generated outside the property boundaries of the facility.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 139, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.148, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.020 (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 382.020. Control of Emissions From Facilities That Handle Certain Agricultural Products

Sec. 382.020.  CONTROL OF EMISSIONS FROM FACILITIES THAT HANDLE CERTAIN AGRICULTURAL PRODUCTS.  (a)  The commission, when it determines that the control of air pollution is necessary, shall adopt rules concerning the control of emissions of particulate matter from plants at which grain, seed, legumes, or vegetable fibers are handled, loaded, unloaded, dried, manufactured, or processed according to a formula derived from the process weight of the materials entering the process.(b)  A person affected by a rule adopted under this section may use:(1)  the process weight method to control and measure the emissions from the plant;  or(2)  any other method selected by that person that the commission or the executive director, if authorized by the commission, finds will provide adequate emission control efficiency and measurement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0201 (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 382.0201. Prohibition on Commission Rule Relating to Emissions From Certain Hospital or Medical Disinfectants

Sec. 382.0201.  PROHIBITION ON COMMISSION RULE RELATING TO EMISSIONS FROM CERTAIN HOSPITAL OR MEDICAL DISINFECTANTS.  (a)  In this section, "hospital or medical disinfectant" means an antimicrobial product that is registered with and meets the performance standards of the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sections 136, 136a).(b)  Except as specifically required to comply with federal law or regulation, the commission may not adopt a rule that lessens the efficacy of a hospital or medical disinfectant in killing or inactivating agents of an infectious disease, including a rule restricting volatile organic compound content of or emissions from the disinfectant.|Added by Acts 1999, 76th Leg., ch. 364, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 382.0205 (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 382.0205. Special Problems Related to Air Contaminant Emissions

Sec. 382.0205.  SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT EMISSIONS.  Consistent with applicable federal law, the commission by rule may control air contaminants as necessary to protect against adverse effects related to:(1)  acid deposition;(2)  stratospheric changes, including depletion of ozone;  and(3)  climatic changes, including global warming.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.03, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.021 (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 382.021. Sampling Methods and Procedures

Sec. 382.021.  SAMPLING METHODS AND PROCEDURES.  (a)  The commission may prescribe the sampling methods and procedures to be used in determining violations of and compliance with the commission's rules, variances, and orders, including:(1)  ambient air sampling;(2)  stack-sampling;(3)  visual observation;  or(4)  any other sampling method or procedure generally recognized in the field of air pollution control.(b)  The commission may prescribe new sampling methods and procedures if:(1)  in the commission's judgment, existing methods or procedures are not adequate to meet the needs and objectives of the commission's rules, variances, and orders;  and(2)  the scientific applicability of the new methods or procedures can be satisfactorily demonstrated to the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.022 (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 382.022. Investigations

Sec. 382.022.  INVESTIGATIONS.  The executive director may make or require the making of investigations:(1)  that the executive director considers advisable in administering this chapter and the commission's rules, orders, and determinations, including investigations of violations and general air pollution problems or conditions;  or(2)  as requested or directed by the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.023 (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 382.023. Orders

Sec. 382.023.  ORDERS.  (a)  The commission may issue orders and make determinations as necessary to carry out the purposes of this chapter.  Orders authorized by this chapter may be issued only by the commission unless expressly provided by this chapter.(b)  If it appears that this chapter or a commission rule, order, or determination is being violated, the commission, or the executive director if authorized by the commission or this chapter, may proceed under Sections 382.082-382.084, or hold a public hearing and issue orders on the alleged violation, or take any other action authorized by this chapter as the facts may warrant.(c)  In addition to the notice required by Chapter 2001, Government Code, the commission or the executive director shall give notice to such other interested persons as the commission or the executive director may designate.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.024 (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 382.024. Factors in Issuing Orders and Determinations

Sec. 382.024.  FACTORS IN ISSUING ORDERS AND DETERMINATIONS.  In issuing an order and making a determination, the commission shall consider the facts and circumstances bearing on the reasonableness of emissions, including:(1)  the character and degree of injury to or interference with the public's health and physical property;(2)  the source's social and economic value;(3)  the question of priority of location in the area involved;  and(4)  the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from the source.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.025 (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 382.025. Orders Relating to Controlling Air Pollution

Sec. 382.025.  ORDERS RELATING TO CONTROLLING AIR POLLUTION.  (a)  If the commission determines that air pollution exists, the commission may order any action indicated by the circumstances to control the condition.(b)  The commission shall grant to the owner or operator of a source time to comply with its orders as provided for by commission rules.  Those rules must provide for time for compliance gauged to the general situations that the hearings on proposed rules indicate are necessary.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.026 (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 382.026. Orders Issued Under Emergencies

Sec. 382.026.  ORDERS ISSUED UNDER EMERGENCIES.  The commission may issue an order under an air emergency under Section 5.514, Water Code. |Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.150, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 41, eff. Sept. 1, 1997.|
TX Health & Safety Code § 382.027 (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 382.027. Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities

Sec. 382.027.  PROHIBITION ON COMMISSION ACTION RELATING TO AIR CONDITIONS EXISTING SOLELY IN COMMERCIAL AND INDUSTRIAL FACILITIES.  (a)  The commission may not adopt a rule, determination, or order that:(1)  relates to air conditions existing solely within buildings and structures used for commercial and industrial plants, works, or shops if the source of the offending air contaminants is under the control of the person who owns or operates the plants, works, or shops;  or(2)  affects the relations between employers and their employees relating to or arising out of an air condition from a source under the control of the person who owns or operates the plants, works, or shops.(b)  This section does not limit or restrict the authority or powers granted to the commission under Sections 382.018 and 382.021.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.151, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0275 (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 382.0275. Commission Action Relating to Residential Water Heaters

Sec. 382.0275.  COMMISSION ACTION RELATING TO RESIDENTIAL WATER HEATERS.  (a)  In this section, "residential water heater" means a water heater that:(1)  is designed primarily for residential use; and(2)  has a maximum rated capacity of 75,000 British thermal units per hour (Btu/hr) or less.(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 49, Sec. 2, eff. May 8, 2007.(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 49, Sec. 2, eff. May 8, 2007.(d)  The commission may not adopt or enforce a rule, determination, or order that relates to emissions of residential water heaters that is below 40 nanograms of NOx per joule unless a lower standard is established by a federal statute or rule.  Any commission rule, determination, or order existing on or before the effective date of this subsection related to emission specifications for residential water heaters that is more stringent than the 40 nanograms of NOx per joule standard is hereby repealed.|Added by Acts 2005, 79th Leg., Ch. 59 (H.B. 965), Sec. 1, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 49 (S.B. 1665), Sec. 1, eff. May 8, 2007.Acts 2007, 80th Leg., R.S., Ch. 49 (S.B. 1665), Sec. 2, eff. May 8, 2007.|
TX Health & Safety Code § 382.028 (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 382.028. Variances

Sec. 382.028.  VARIANCES.  (a)  This chapter does not prohibit the granting of a variance.(b)  A variance is an exceptional remedy that may be granted only on demonstration that compliance with a provision of this chapter or commission rule or order results in an arbitrary and unreasonable taking of property.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.152, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.029 (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 382.029. Hearing Powers

Sec. 382.029.  HEARING POWERS.  The commission may call and hold hearings, administer oaths, receive evidence at a hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to a hearing, and make findings of fact and decisions relating to administering this chapter or the rules, orders, or other actions of the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0291 (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 382.0291. Public Hearing Procedures

Sec. 382.0291.  PUBLIC HEARING PROCEDURES.  (a)  Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a commission official or employee during a public hearing conducted by the commission shall become part of the record of the hearing, regardless of whether the member is a party to the hearing.(b)  When a public hearing conducted by the commission is required by law to be conducted at a certain location, the commission shall determine the place within that location at which the hearing will be conducted.  In making that determination, the commission shall consider the cost of available facilities and the adequacy of a facility to accommodate the type of hearing and anticipated attendance.(c)  The commission shall conduct at least one session of a public hearing after normal business hours on request by a party to the hearing or any person who desires to attend the hearing.(d)  An applicant for a license, permit, registration, or similar form of permission required by law to be obtained from the commission may not amend the application after the 31st day before the date on which a public hearing on the application is scheduled to begin.  If an amendment of an application would be necessary within that period, the applicant shall resubmit the application to the commission and must again comply with notice requirements and any other requirements of law or commission rule as though the application were originally submitted to the commission on that date.(e)  If an application for a license, permit, registration, or similar form of permission required by law is pending before the commission at a time when changes take effect concerning notice requirements imposed by law for that type of application, the applicant must comply with the new notice requirements.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 9.02, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, eff. Sept. 1, 1995.|