reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter B. Access to Poles › Section 253.0103. Nondiscriminatory Access; Modification or Replacement to Accommodate Attachment

Sec. 253.0103.  NONDISCRIMINATORY ACCESS; MODIFICATION OR REPLACEMENT TO ACCOMMODATE ATTACHMENT.  (a)  Except as provided by this chapter, an electric cooperative shall provide a broadband provider with nondiscriminatory access to a pole that the cooperative owns or controls.
(b)  Except as provided by Subsection (c), an electric cooperative may deny a broadband provider access to a pole:
(1)  if there is insufficient capacity; or
(2)  for reasons of safety, reliability, and generally applicable engineering purposes.
(c)  An electric cooperative may not deny a broadband provider access to a pole if the basis for denial may be remedied by rearranging facilities on the pole through reasonable make-ready activities.
(d)  Except as provided by Subsection (e), if a pole must be replaced to accommodate a new pole attachment applied for by a broadband provider:
(1)  the electric cooperative and broadband provider shall determine, through good faith negotiations, a reasonable date by which the pole replacement will occur; and
(2)  the broadband provider shall pay the actual costs of replacing the pole, including the cost to:
(A)  remove and dispose of the existing pole;
(B)  purchase and install a replacement pole; and
(C)  transfer any existing facilities to the new pole.
(e)  An electric cooperative is responsible for the costs of removing and replacing under Subsection (d) a pole:
(1)  with recorded conditions or defects that would reasonably be expected to endanger human life or property and which should be promptly corrected; or
(2)  that must be replaced for safety or reliability as a result of normal wear and tear or other natural causes and not on account of a pole attachment or the action of a broadband provider or third party.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter C. Pole Attachment Contracts › Section 253.0201. Contracts for Pole Attachments

Sec. 253.0201.  CONTRACTS FOR POLE ATTACHMENTS.  (a)  An electric cooperative that owns a pole may require a broadband provider that attaches a pole attachment to the pole under this chapter to enter into a contract for access to the pole.
(b)  The terms and conditions of a contract under Subsection (a) must be consistent with this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter C. Pole Attachment Contracts › Section 253.0202. Rates, Terms, and Conditions for Pole Attachment

Sec. 253.0202.  RATES, TERMS, AND CONDITIONS FOR POLE ATTACHMENT.  (a)  A broadband provider and an electric cooperative shall establish the rates, terms, and conditions for pole attachments by a written pole attachment contract executed by both parties.
(b)  The rates, terms, and conditions of a contract under this chapter must:
(1)  be just, reasonable, and nondiscriminatory; and
(2)  comply with this chapter.
(c)  In determining whether rates, terms, and conditions are just and reasonable, the following factors must be considered:
(1)  the interests of and benefits to the consumers and potential consumers of the electric cooperative's services;
(2)  the interests of and benefits to the subscribers and potential subscribers to broadband services offered through the pole attachments;
(3)  the interests of and benefits to third parties from the availability of electric services and broadband services offered through the pole attachments;
(4)  compliance with applicable safety standards; and
(5)  the maintenance and reliability of both electric distribution and broadband services.
(d)  A broadband provider and an electric cooperative shall negotiate a pole attachment contract and any amendment, modification, or renewal thereof in good faith.
(e)  A request to negotiate a new pole attachment contract or to amend, modify, or renew a contract pertaining to pole attachments by a broadband provider or an electric cooperative must be made in writing.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter C. Pole Attachment Contracts › Section 253.0203. Contract Negotiations and Mediation

Sec. 253.0203.  CONTRACT NEGOTIATIONS AND MEDIATION.  (a)  If a broadband provider and an electric cooperative are unable to agree to a new pole attachment contract before the expiration date of an existing contract, the rates, terms, and conditions of the existing contract and the terms and conditions of the electric cooperative's application and permitting processes remain in force:
(1)  during the 90-day negotiation period described by Subsection (b) and during the period of any agreed extension;
(2)  during the 60-day mediation period described by Subsection (b) and during the period of any agreed extension; and
(3)  pending final disposition of any litigation commenced under Subsection (c).
(b)  If a broadband provider and an electric cooperative are unable to agree to a new pole attachment contract before the 91st day after the expiration date of an existing contract, and are unable to agree to an extension of the negotiation period for a certain number of days, the broadband provider and electric cooperative shall attempt to resolve any disagreement over the rates, terms, or conditions by submitting the contract negotiations to a mediation process.  The mediation process may not extend later than the 60th day after the end of the initial 90-day negotiation period and any agreed extension of that period unless the broadband provider and electric cooperative agree to an extension of the mediation period for a certain number of days.  The mediation process must be conducted in a county in which the electric cooperative has distribution poles. The broadband provider and electric cooperative must share equally the expenses for the mediator.
(c)  If the mediation process under Subsection (b) does not resolve the disagreement over the rates, terms, or conditions of a new pole attachment agreement, the broadband provider or electric cooperative may file suit in a district court to resolve the disagreement or dispute.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter D. Additional Pole Attachment Requirements › Section 253.0401. Transfer of Attachments

Sec. 253.0401.  TRANSFER OF ATTACHMENTS.  (a)  Before an electric cooperative installs a new pole to replace an existing pole due to the rerouting, maintenance, or upgrading of the electric distribution system, the cooperative shall provide notice of the replacement to each broadband provider with a pole attachment on the existing pole.
(b)  The notice required under Subsection (a) must specify a date by which the broadband provider must remove the pole attachment from the existing pole and transfer the attachment to the new pole.
(c)  If a broadband provider does not transfer a pole attachment to the new pole before the 31st day after the date specified in the notice, the electric cooperative may transfer the pole attachment to the new pole at the broadband provider's expense, including the cost for the electric cooperative to return to the site.
(d)  A broadband provider shall indemnify, defend, and hold harmless an electric cooperative and the cooperative's members, directors, officers, agents, and employees from and against all liability for the removal and transfer of a pole attachment subject to this section, except for personal injury or property damage arising from the gross negligence or wilful misconduct of the electric cooperative during the removal and transfer process.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter D. Additional Pole Attachment Requirements › Section 253.0402. Abandoned Pole Attachments; Removal

Sec. 253.0402.  ABANDONED POLE ATTACHMENTS; REMOVAL.  (a)  A broadband provider that receives a written request from an electric cooperative to remove an abandoned pole attachment owned by the provider from a pole owned by the cooperative shall remove the attachment not later than the 60th day after the date the provider receives the request.
(b)  Before the deadline under Subsection (a), a broadband provider may request, and an electric cooperative may grant, a reasonable extension of that deadline. A request for an extension under this subsection must be in writing.
(c)  If a broadband provider does not remove a pole attachment by the deadline under Subsection (a) or an extended deadline under Subsection (b), the electric cooperative may remove, use, sell, or dispose of the pole attachment at the broadband provider's expense.
(d)  An electric cooperative may require that a broadband provider post a security instrument in an amount reasonably sufficient to cover the potential cost to the electric cooperative of removal and disposal of abandoned pole attachments.
(e)  A broadband provider shall indemnify, defend, and hold harmless an electric cooperative and the cooperative's members, directors, officers, agents, and employees from and against all liability for the removal, use, sale, or disposal of abandoned pole attachments, except for personal injury or property damage arising from the gross negligence or wilful misconduct of the electric cooperative during the removal and disposal process.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 253 - Broadband Attachments to Electric Cooperative's Distribution Poles › Subchapter D. Additional Pole Attachment Requirements › Section 253.0403. Easements; Indemnity

Sec. 253.0403.  EASEMENTS; INDEMNITY.  (a)  A broadband provider is responsible for obtaining all rights-of-way and easements necessary for the installation, operation, and maintenance of the provider's pole attachments.
(b)  An electric cooperative is not required to obtain or expand a right-of-way or easement to accommodate a pole attachment requested by a broadband provider.
(c)  An electric cooperative is not liable if a broadband provider is prevented from placing or maintaining a pole attachment because the broadband provider did not obtain a necessary right-of-way or easement.
(d)  A broadband provider shall indemnify, defend, and hold harmless the electric cooperative and the cooperative's members, directors, officers, agents, and employees from and against any liability resulting from the broadband provider's failure to obtain a necessary right-of-way or easement for a pole attachment.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 301 - Wind Power Facility Agreements › Section 301.0001. Definitions

Sec. 301.0001.  DEFINITIONS.  In this chapter:
(1)  "Grantee" means a person who:
(A)  leases property from a landowner; and
(B)  operates a wind power facility on the property.
(2)  "Wind power facility" includes:
(A)  a wind turbine generator; and
(B)  a facility or equipment used to support the operation of a wind turbine generator, including an underground or aboveground electrical transmission or communications line, an electric transformer, a battery storage facility, an energy storage facility, telecommunications equipment, a road, a meteorological tower with wind measurement equipment, or a maintenance yard.
(3)  "Wind power facility agreement" means a lease agreement between a grantee and a landowner that authorizes the grantee to operate a wind power facility on the leased property.
Added by Acts 2019, 86th Leg., R.S., Ch. 1293 (H.B. 2845), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 301 - Wind Power Facility Agreements › Section 301.0002. Waiver Void; Remedies

Sec. 301.0002.  WAIVER VOID; REMEDIES.  (a)  A provision of a wind power facility agreement that purports to waive a right or exempt a grantee from a liability or duty established by this chapter is void.
(b)  A person who is harmed by a violation of this chapter is entitled to appropriate injunctive relief to prevent further violation of this chapter.
(c)  The provisions of this section are not exclusive.  The remedies provided in this section are in addition to any other procedures or remedies provided by other law.
Added by Acts 2019, 86th Leg., R.S., Ch. 1293 (H.B. 2845), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 302 - Solar Power Facility Agreements › Section 302.0001. Definitions

Sec. 302.0001.  DEFINITIONS.  In this chapter:
(1)  "Grantee" means a person, other than an electric utility, as defined by Section 31.002, who:
(A)  leases property from a landowner; and
(B)  operates a solar power facility on the property.
(2)  "Solar energy device" has the meaning assigned by Section 185.001.
(3)  "Solar power facility" includes:
(A)  a solar energy device; and
(B)  a facility or equipment, other than a facility or equipment owned by an electric utility, as defined by Section 31.002, used to support the operation of a solar energy device, including an underground or aboveground electrical transmission or communications line, an electric transformer, a battery storage facility, an energy storage facility, telecommunications equipment, a road, a meteorological tower, or a maintenance yard.
(4)  "Solar power facility agreement" means a lease agreement between a grantee and a landowner that authorizes the grantee to operate a solar power facility on the leased property.
Added by Acts 2021, 87th Leg., R.S., Ch. 582 (S.B. 760), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 302 - Solar Power Facility Agreements › Section 302.0002. Applicability

Sec. 302.0002.  APPLICABILITY.  This chapter applies only to a solar power facility that is a generation asset as defined by Section 39.251.
Added by Acts 2021, 87th Leg., R.S., Ch. 582 (S.B. 760), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 302 - Solar Power Facility Agreements › Section 302.0003. Waiver Void; Remedies

Sec. 302.0003.  WAIVER VOID; REMEDIES.  (a)  A provision of a solar power facility agreement that purports to waive a right or exempt a grantee from a liability or duty established by this chapter is void.
(b)  A person who is harmed by a violation of this chapter is entitled to appropriate injunctive relief to prevent further violation of this chapter.
(c)  The provisions of this section are not exclusive.  The remedies provided in this section are in addition to any other procedures or remedies provided by other law.
Added by Acts 2021, 87th Leg., R.S., Ch. 582 (S.B. 760), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the general and permanent water law more accessible and understandable, by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
(c)  This restatement shall not in any way make any changes in the substantive laws of the State of Texas.
(d)  Laws of a local or special nature, such as statutes creating various kinds of conservation and reclamation districts, are not included in, or affected by, this code.  The legislature believes that persons interested in these local and special laws may rely on the session laws and on compilations of these laws.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  (a)  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
(b)  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
(c)  A reference in a law to a statute or part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 74, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 715, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.003. Public Policy

Sec. 1.003.  PUBLIC POLICY.  It is the public policy of the state to provide for the conservation and development of the state's natural resources, including:
(1)  the control, storage, preservation, and distribution of the state's storm and floodwaters and the waters of its rivers and streams for irrigation, power, and other useful purposes;
(2)  the reclamation and irrigation of the state's arid, semiarid, and other land needing irrigation;
(3)  the reclamation and drainage of the state's overflowed land and other land needing drainage;
(4)  the conservation and development of its forest, water, and hydroelectric power;
(5)  the navigation of the state's inland and coastal waters;
(6)  the maintenance of a proper ecological environment of the bays and estuaries of Texas and the health of related living marine resources;
(7)  the voluntary stewardship of public and private lands to benefit waters of the state; and
(8)  the promotion of rainwater harvesting for potable and nonpotable purposes at public and private facilities in this state, including residential, commercial, and industrial buildings.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1975, 64th Leg., p. 925, ch. 344, Sec. 1, eff. June 19, 1975.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.01, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.004. Findings and Policy Regarding Land Stewardship

Sec. 1.004.  FINDINGS AND POLICY REGARDING LAND STEWARDSHIP.  (a)  The legislature finds that voluntary land stewardship enhances the efficiency and effectiveness of this state's watersheds by helping to increase surface water and groundwater supplies, resulting in a benefit to the natural resources of this state and to the general public.  It is therefore the policy of this state to encourage voluntary land stewardship as a significant water management tool.
(b)  "Land stewardship," as used in this code, is the voluntary practice of managing land to conserve or enhance suitable landscapes and the ecosystem values of the land.  Land stewardship includes land and habitat management, wildlife conservation, and watershed protection.  Land stewardship practices include runoff reduction, prescribed burning, managed grazing, brush management, erosion management, reseeding with native plant species, riparian management and restoration, and spring and creek-bank protection, all of which benefit the water resources of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 2, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.02, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter A. General Provisions › Section 5.002. Scope of Chapter

Sec. 5.002.  SCOPE OF CHAPTER.  The powers and duties enumerated in this chapter are the general powers and duties of the commission and those incidental to the conduct of its business.  The commission has other specific powers and duties as prescribed in other sections of this code and other laws of this state.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter B. Organization of the Texas Natural Resource Conservation Commission › Section 5.011. Purpose of Chapter

Sec. 5.011.  PURPOSE OF CHAPTER.  It is the purpose of this chapter to provide an organizational structure for the commission that will provide more efficient and effective administration of the conservation of natural resources and the protection of the environment in this state and to define the duties, responsibilities, authority, and functions of the commission and the executive director.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.003, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter B. Organization of the Texas Natural Resource Conservation Commission › Section 5.012. Declaration of Policy

Sec. 5.012.  DECLARATION OF POLICY.  The commission is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to the conservation of natural resources and the protection of the environment.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.004, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter B. Organization of the Texas Natural Resource Conservation Commission › Section 5.013. General Jurisdiction of Commission

Sec. 5.013.  GENERAL JURISDICTION OF COMMISSION.
(a)  The commission has general jurisdiction over:
(1)  water and water rights including the issuance of water rights permits, water rights adjudication, cancellation of water rights, and enforcement of water rights;
(2)  continuing supervision over districts created under Article III, Sections 52(b)(1) and (2), and Article XVI, Section 59, of the Texas Constitution;
(3)  the state's water quality program including issuance of permits, enforcement of water quality rules, standards, orders, and permits, and water quality planning;
(4)  the determination of the feasibility of certain federal projects;
(5)  the adoption and enforcement of rules and performance of other acts relating to the safe construction, maintenance, and removal of dams;
(6)  conduct of the state's hazardous spill prevention and control program;
(7)  the administration of the state's program relating to inactive hazardous substance, pollutant, and contaminant disposal facilities;
(8)  the administration of a portion of the state's injection well program;
(9)  the administration of the state's programs involving underground water and water wells and drilled and mined shafts;
(10)  the state's responsibilities relating to regional waste disposal;
(11)  the responsibilities assigned to the commission by Chapters 361, 363, 382, 401, 505, 506, and 507, Health and Safety Code; and
(12)  any other areas assigned to the commission by this code and other laws of this state.
(b)  The rights, powers, duties, and functions delegated to the Texas Department of Water Resources by this code or by any other law of this state that are not expressly assigned to the board are vested in the commission.
(c)  This section allocates among various state agencies statutory authority delegated by other laws.  This section does not delegate legislative authority.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.005, eff. Aug. 12, 1991;  Acts 2001, 77th Leg., ch. 376, Sec. 3.01, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 965, Sec. 1.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1067, Sec. 22, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.01, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 32, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter B. Organization of the Texas Natural Resource Conservation Commission › Section 5.014. Sunset Provision

Sec. 5.014.  SUNSET PROVISION.  The Texas Commission on Environmental Quality is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 167, Sec. 2.20(46), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.006, eff. Aug. 12, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.19(a), eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 1.02, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.12, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.02, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter B. Organization of the Texas Natural Resource Conservation Commission › Section 5.015. Construction of Title

Sec. 5.015.  CONSTRUCTION OF TITLE.  This title shall be liberally construed to allow the commission and the executive director to carry out their powers and duties in an efficient and effective manner.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.051. Commission

Sec. 5.051.  COMMISSION.  The Texas Natural Resource Conservation Commission is created as an agency of the state.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.008, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.052. Members of the Commission; Appointment

Sec. 5.052.  MEMBERS OF THE COMMISSION;  APPOINTMENT.  (a)  The commission is composed of three members who are appointed by the governor with the advice and consent of the senate to represent the general public.
(b)  The governor shall make the appointments in such a manner that each member is from a different section of the state.
(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 485, Sec. 1, eff. June 9, 1993;  Acts 2001, 77th Leg., ch. 965, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.053. Eligibility for Membership

Sec. 5.053.  ELIGIBILITY FOR MEMBERSHIP.  (a)  A person may not be a member of the commission if the person or the person's spouse:
(1)  is registered, certified, licensed, permitted, or otherwise authorized by the commission;
(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving money from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the commission;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the commission other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
(b)  In addition to the eligibility requirements in Subsection (a) of this section, persons who are appointed to serve on the commission for terms which expire after August 31, 2001, must comply at the time of their appointment with the eligibility requirements established under 33 U.S.C. Sections 1251-1387, as amended.
(c)  Subsection (a)(2) does not apply to an employee of a political subdivision of this state.  If the United States Environmental Protection Agency determines that there will be a negative impact on the State of Texas' National Pollution Discharge Elimination Systems delegation, this subsection does not apply.
Added by Acts 1995, 74th Leg., ch. 310, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 1.04, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1278 (H.B. 3769), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.0535. Required Training Program for Commission Members

Sec. 5.0535.  REQUIRED TRAINING PROGRAM FOR COMMISSION MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts-of-interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.05, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.054. Removal of Commission Members

Sec. 5.054.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 5.053(b);
(2)  does not maintain during the service on the commission the qualifications required by Section 5.053(b);
(3)  is ineligible for membership under Section 5.053(a), 5.059, or 5.060;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than one-half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a member of the commission exists.
(c)  If the executive director or a member has knowledge that a potential ground for removal exists, the executive director or member shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director or another member of the commission shall notify the member of the commission with the most seniority, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.06, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.055. Officers of State; Oath

Sec. 5.055.  OFFICERS OF STATE;  OATH.  Each member of the commission is an officer of the state as that term is used in the constitution, and each member shall qualify by taking the official oath of office.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.056. Terms of Office

Sec. 5.056.  TERMS OF OFFICE.  (a)  The members of the commission hold office for staggered terms of six years, with the term of one member expiring every two years.  Each member holds office until his successor is appointed and has qualified.
(b)  A person appointed to the commission may not serve for more than two six-year terms.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.057. Full-Time Service

Sec. 5.057.  FULL-TIME SERVICE.  Each member of the commission shall serve on a full-time basis.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.058. Officers; Meetings

Sec. 5.058.  OFFICERS;  MEETINGS.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  The presiding officer may designate another commissioner to act for the presiding officer in the presiding officer's absence.
(c)  The presiding officer shall preside at the meetings and hearings of the commission.
(d)  The commission shall hold regular meetings and all hearings at times specified by a commission order and entered in its minutes.  The commission may hold special meetings at the times and places in the state that the commission decides are appropriate for the performance of its duties.  The presiding officer or acting presiding officer shall give the other members reasonable notice before holding a special meeting.
(e)  A majority of the commission is a quorum.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.07, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.059. Conflict of Interest

Sec. 5.059.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in an industry regulated by the commission;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in an industry regulated by the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.08, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.060. Lobbyist Prohibition

Sec. 5.060.  LOBBYIST PROHIBITION.  A person may not be a member of the commission or act as general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 167, Sec. 2.19(24), eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 965, Sec. 1.08, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter C. Texas Natural Resource Conservation Commission › Section 5.061. Prohibition on Accepting Campaign Contributions

Sec. 5.061.  PROHIBITION ON ACCEPTING CAMPAIGN CONTRIBUTIONS.  A member of the commission may not accept a contribution to a campaign for election to an elected office.  If a member of the commission accepts a campaign contribution, the person is considered to have resigned from the office and the office immediately becomes vacant.  The vacancy shall be filled in the manner provided by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.03, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.101. Scope of Subchapter

Sec. 5.101.  SCOPE OF SUBCHAPTER.  The powers and duties provided by this subchapter are the general powers and duties of the commission and those incidental to the conduct of its business.  The commission has other specific powers and duties as prescribed in other sections of the code and other laws of this state.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.102. General Powers

Sec. 5.102.  GENERAL POWERS.  (a)  The commission has the powers to perform any acts whether specifically authorized by this code or other law or implied by this code or other law, necessary and convenient to the exercise of its jurisdiction and powers as provided by this code and other laws.
(b)  The commission may call and hold hearings, receive evidence at hearings, administer oaths, issue subpoenas to compel the attendance of witnesses and the production of papers and documents, and make findings of fact and decisions with respect to its jurisdiction under this code and other laws and rules, orders, permits, licenses, certificates, and other actions adopted, issued, or taken by the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.103. Rules

Sec. 5.103.  RULES.  (a)  The commission shall adopt any rules necessary to carry out its powers and duties under this code and other laws of this state.
(b)  The commission shall adopt reasonable procedural rules to be followed in a commission hearing.  The executive director may recommend to the commission for its consideration any rules that he considers necessary.
(c)  Rules shall be adopted in the manner provided by Chapter 2001, Government Code.  As provided by that Act, the commission must adopt rules when adopting, repealing, or amending any agency statement of general applicability that interprets or prescribes law or policy or describes the procedure or practice requirements of an agency.  The commission shall follow its own rules as adopted until it changes them in accordance with that Act.
(d)  The commission shall include as a part of each rule the commission adopts, and each proposed rule for adoption after the effective date of this subsection, a citation to the statute that grants the specific regulatory authority under which the rule is justified and a citation of the specific regulatory authority that will be exercised.  If no specific statutory authority exists and the agency is depending on this section, citation of this section, or Section 5.102 or 5.013, is sufficient.  A rule adopted in violation of this subsection is void.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 802, Sec. 1, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 1.09, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 5.1031.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.04, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.1035. Rules Regarding Drinking-Water Standards

Sec. 5.1035.  RULES REGARDING DRINKING-WATER STANDARDS.  Before adopting rules regarding statewide drinking-water standards, the commission shall hold public meetings, if requested, at its regional offices to allow municipalities, water supply corporations, and other interested persons to submit data or comments concerning the proposed drinking-water standards.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.41, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.104. Memoranda of Understanding

Sec. 5.104.  MEMORANDA OF UNDERSTANDING.  (a)  The commission and board by rule shall develop memoranda of understanding as necessary to clarify and provide for their respective duties, responsibilities, or functions on any matter under the jurisdiction of the commission or board that is not expressly assigned to either the commission or board.
(b)  The commission may enter into a memorandum of understanding with any other state agency and shall adopt by rule any memorandum of understanding between the commission and any other state agency.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.