reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter C. Powers and Duties › Section 20.042. Gifts, Grants, Etc

Sec. 20.042.  GIFTS, GRANTS, ETC.  The board may request and accept for the authority grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, and donations.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter C. Powers and Duties › Section 20.043. Contracts

Sec. 20.043.  CONTRACTS.  The board on behalf of the authority may enter into contracts with any person to carry out this chapter.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter C. Powers and Duties › Section 20.044. Purchase of Insurance

Sec. 20.044.  PURCHASE OF INSURANCE.  The board may purchase for the authority and pay premiums on insurance of any type, in any amounts, and from any insurers the board considers advisable.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter C. Powers and Duties › Section 20.045. Contracts With Development Board

Sec. 20.045.  CONTRACTS WITH DEVELOPMENT BOARD.  The authority may enter into contracts with the development board and with consultants as necessary to perform the functions provided by this chapter.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.071. Purchase of Political Subdivision Bonds

Sec. 20.071.  PURCHASE OF POLITICAL SUBDIVISION BONDS.  The board may purchase political subdivision bonds including bonds that are acquired or owned by the development board.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.072. Acquisition of Certain Development Board Bonds

Sec. 20.072.  ACQUISITION OF CERTAIN DEVELOPMENT BOARD BONDS.  If the board agrees to purchase political subdivision bonds from the development board that have not been purchased by the development board at the time of the agreement, the board may pay the purchase price for those bonds in exchange for the agreement of the development board to transfer those bonds to the board at the time the development board acquires them.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.073. Price and Terms of Purchase

Sec. 20.073.  PRICE AND TERMS OF PURCHASE.  The board shall purchase political subdivision bonds at prices and under terms the board determines to be reasonable.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.074. Revenue Bonds

Sec. 20.074.  REVENUE BONDS.  (a)  The board may issue revenue bonds in the name of the authority to finance the cost of acquisition of political subdivision bonds and to pay the cost of bond issuance.
(b)  The board may provide for payment of the premium, principal of, and interest on revenue bonds by pledging all or part of the revenue derived from political subdivision bonds acquired or to be acquired by the authority or from other sources of funds available to the authority.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.075. Contract for Obtaining Compliance With Political Subdivision Bonds

Sec. 20.075.  CONTRACT FOR OBTAINING COMPLIANCE WITH POLITICAL SUBDIVISION BONDS.  The board shall enter into a contract with the development board for the development board to perform the functions required to ensure that the political subdivisions pay the debt service on political subdivision bonds and observe the conditions and requirements set forth in those bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter D. Political Subdivision Bonds › Section 20.076. Enforcement of Political Subdivision Bonds

Sec. 20.076.  ENFORCEMENT OF POLITICAL SUBDIVISION BONDS.  (a)  If there is a default in the payment of principal of or interest on political subdivision bonds purchased by the authority or any other default as defined in the proceedings or indentures authorizing the issuance of the bonds, the attorney general shall institute appropriate proceedings for mandamus or other legal remedies to compel the political subdivision or its officers, agents, and employees to cure the default by performing those duties that they are legally obligated to perform.
(b)  The proceedings shall be brought and venue shall be in a district court of Travis County.
(c)  This section is cumulative of any other rights or remedies to which the board may be entitled.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.101. Issuance of Bonds

Sec. 20.101.  ISSUANCE OF BONDS.  For the issuance of bonds under this chapter, the board may exercise the authority granted to the governing body of an issuer with regard to issuance of obligations under Chapter 1371, Government Code, to the extent that it is not inconsistent with this chapter.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.416, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.102. Conditions for Issuance of Bonds

Sec. 20.102.  CONDITIONS FOR ISSUANCE OF BONDS.  (a)  Bonds may be issued as various series and issues.
(b)  Bonds issued by the authority may mature serially or otherwise not later than 50 years after the date on which they are issued.
(c)  The bonds may bear interest at a rate or rates determined in accordance with the resolution or order authorizing the issuance of the bonds but not to exceed the net effective interest rate authorized by Chapter 1204, Government Code.
(d)  Rates of interest on bonds may be fixed, variable, floating, adjustable, or otherwise.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.417, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.103. Periodic Determination of Interest

Sec. 20.103.  PERIODIC DETERMINATION OF INTEREST.  A bond resolution or order may provide for the periodic determination of interest rates without the board being required to give specific approval.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.104. Persons Designated to Act as Agents of Board

Sec. 20.104.  PERSONS DESIGNATED TO ACT AS AGENTS OF BOARD.  (a)  A bond resolution or order may delegate to one or more officers, employees, or agents designated by the board authority to act on behalf of the board during the time bonds are outstanding to fix dates, prices, interest rates, and interest payment periods and to perform other procedures specified in the resolution.
(b)  The person designated by the board may adjust the interest on bonds as necessary to permit the bonds to be sold or resold at par in conjunction with secondary market transactions.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.105. Security Qualifications

Sec. 20.105.  SECURITY QUALIFICATIONS.  The board may take any action necessary to qualify the authority bonds for offer and sale under the securities laws and regulations of the United States, this state, and other states of the United States.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.106. Investment Securities

Sec. 20.106.  INVESTMENT SECURITIES.  The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest or may be made redeemable before maturity at the option of the authority or may contain a mandatory redemption provision.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.107. Form of Bonds

Sec. 20.107.  FORM OF BONDS.  (a)  The authority's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details as provided by the board in the resolution or order authorizing their issuance.
(b)  The bonds shall be signed and executed as provided by the board's resolution or order authorizing the issuance of the bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.108. Funds

Sec. 20.108.  FUNDS.  (a)  In the resolution or order authorizing issuance of bonds, the board may make additional covenants with respect to the bonds and the pledged revenues and may provide for the flow of funds and the establishment, maintenance, and investment of funds.
(b)  The funds established may include an interest and sinking fund, a reserve fund, and other funds that will be kept and maintained by or under the direction of the board.
(c)  Any funds established by the board are not to be part of the state treasury but, at the direction of the board, may be kept and held in escrow and in trust by the state treasury on behalf of the authority and the owners of the bonds and used only as provided by this chapter.
(d)  Money in the funds shall be invested in authorized investments as provided by any bond resolutions and orders of the authority.
(e)  Legal title to money in any fund is in the authority unless or until paid from the fund as provided by this chapter or the resolutions or orders authorizing the authority's bonds.
(f)  The comptroller, as custodian of any of the funds, shall administer the funds solely and strictly as provided by this chapter and the resolutions or orders authorizing the bonds, and the state may not take any other action relating to any of those funds except those specified in this chapter and the resolutions and orders authorizing the bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 20.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.109. Resolutions, Orders, Etc

Sec. 20.109.  RESOLUTIONS, ORDERS, ETC.  (a)  The resolutions or orders authorizing the bonds may prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued.
(b)  The orders or resolutions of the board issuing bonds may include other provisions and covenants that the board determines necessary.
(c)  In a resolution or order authorizing the issuance of the authority's bonds, the board may prescribe systems, methods, routines, and procedures under which the authority will function.
(d)  The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.110. Approval of Attorney General

Sec. 20.110.  APPROVAL OF ATTORNEY GENERAL.  The bonds issued under this chapter are subject to review and approval by the attorney general in the same manner and with the same effect as provided by Chapter 1371, Government Code.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.418, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.111. Bond Review Board

Sec. 20.111.  BOND REVIEW BOARD.  (a)  Bonds may not be issued under this section unless the issuance has been reviewed and approved by the bond review board.  The bond review board is composed of:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;  and
(4)  the comptroller of public accounts.
(b)  The governor is chairman of the review board.  The bond review board may adopt rules governing application for review, the review process, and reporting requirements.  A member of the bond review board may not be held liable for damages resulting from the performance of the members' functions under this section.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 20.09, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.112. Refunding Bonds

Sec. 20.112.  REFUNDING BONDS.  (a)  The board may issue refunding bonds to refund all or part of its outstanding bonds issued under this chapter, including matured but unpaid interest.
(b)  The board may refund bonds in the manner provided by general law for revenue bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.113. Eligible Security

Sec. 20.113.  ELIGIBLE SECURITY.  The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state.  The bonds are lawful and sufficient security for deposits to the extent of their face value.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.114. Legal Investments

Sec. 20.114.  LEGAL INVESTMENTS.  The bonds are legal and authorized investments for:
(1)  banks;
(2)  savings banks;
(3)  trust companies;
(4)  savings and loan associations;
(5)  insurance companies;
(6)  fiduciaries;
(7)  trustees;
(8)  guardians;  and
(9)  sinking funds of cities, counties, school districts, and other political subdivisions of the state and other public funds of the state and its agencies, including the permanent school fund.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.115. Tax Exempt

Sec. 20.115.  TAX EXEMPT.  Since the authority is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under this Act, and the interest and income from the bonds, including any profit made on the sale of bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.116. Pledge of State Faith and Credit; Covenant With Owners of Bonds

Sec. 20.116.  PLEDGE OF STATE FAITH AND CREDIT;  COVENANT WITH OWNERS OF BONDS.  (a)  The authority's bonds are obligations solely of the authority and are payable solely from funds of the authority, and this chapter and the authority's bonds are not and do not create or constitute a pledge, giving, or lending of the faith or credit or taxing authority of the state.
(b)  Each bond of the authority must include a statement that the state is not obligated to pay the premium, principal of, or interest on the authority's bonds and that the faith or credit and the taxing authority of the state is not pledged, given, or loaned to those payments.
(c)  The state pledges to and agrees with the owners of any bonds issued in accordance with this chapter that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the owners of the bonds or in any way impair the rights and remedies of those owners until the bonds, together with any premium and interest, interest on any unpaid premium or installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of those owners, are fully met and discharged.  The authority may include this pledge and agreement of the state in any agreement with the owners of bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter E. Bond Procedures › Section 20.117. Enforcement by Mandamus

Sec. 20.117.  ENFORCEMENT BY MANDAMUS.  A writ of mandamus and all other legal and equitable remedies are available to any party at interest to require the authority and any other party to carry out agreements and to perform functions and duties under this chapter, the Texas Constitution, or the authority's bond resolutions and orders.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter A. Administrative Provisions › Section 26.002. Ownership of Underground Water

Sec. 26.002.  OWNERSHIP OF UNDERGROUND WATER.  Nothing in this chapter affects ownership rights in underground water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter A. Administrative Provisions › Section 26.003. Policy of This Subchapter

Sec. 26.003.  POLICY OF THIS SUBCHAPTER.  It is the policy of this state and the purpose of this subchapter to maintain the quality of water in the state consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, and the operation of existing industries, taking into consideration the economic development of the state;  to encourage and promote the development and use of regional and areawide waste collection, treatment, and disposal systems to serve the waste disposal needs of the citizens of the state;  and to require the use of all reasonable methods to implement this policy.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 965, Sec. 1.26, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.011. In General

Sec. 26.011.  IN GENERAL.  Except as otherwise specifically provided, the commission shall administer the provisions of this chapter and shall establish the level of quality to be maintained in, and shall control the quality of, the water in this state as provided by this chapter.  Waste discharges or impending waste discharges covered by the provisions of this chapter are subject to reasonable rules or orders adopted or issued by the commission in the public interest.  The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities. This chapter does not apply to discharges of oil covered under Chapter 40, Natural Resources Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.065, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 10, Sec. 4, eff. March 28, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.012. State Water Quality Plan

Sec. 26.012.  STATE WATER QUALITY PLAN.  The executive director shall prepare and develop a general, comprehensive plan for the control of water quality in the state which shall be used as a flexible guide by the commission when approved by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.065, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.013. Research, Investigations

Sec. 26.013.  RESEARCH, INVESTIGATIONS.  The executive director shall conduct or have conducted any research and investigations it considers advisable and necessary for the discharge of the duties under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0136. Water Quality Management

Sec. 26.0136.   WATER QUALITY MANAGEMENT.  (a)  The commission is the agency with primary responsibility for implementation of water quality management functions, including enforcement actions, within the state.  Water quality management functions shall be oriented on a watershed basis in consideration of the priorities identified by river authorities and basin steering committees.  The commission by rule shall coordinate the water quality responsibilities of river authorities within each watershed and shall, where appropriate, delegate water quality functions to local governments under Section 26.175 of this code.  The State Soil and Water Conservation Board shall coordinate and administer all programs for abating agricultural or silvicultural nonpoint source pollution, as provided by Section 201.026, Agriculture Code.
(b)  Nothing in this section is intended to enlarge, diminish, or supersede the water quality powers, including enforcement authority, authorized by law for river authorities, the State Soil and Water Conservation Board, and local governments.  Nothing in this section is intended to enlarge, diminish, or supersede the responsibilities of the Texas Agricultural Extension Service and the Texas Agricultural Experiment Station to conduct educational programs and research regarding nonpoint source pollution and related water resource and water quality matters.
(c)  The commission shall establish rules to make the optimum use of state and federal funding and grant programs related to water quality programs of the commission.
(d)  In this section, "river authority" has the meaning assigned by Section 26.0135(i) of this code.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 2, eff. June 7, 1991.  Amended by Acts 1993, 73rd Leg., ch. 53, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 101, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.014. Power to Enter Property

Sec. 26.014.  POWER TO ENTER PROPERTY.  The members of the commission and employees and agents of the commission are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state or the compliance with any rule, regulation, permit or other order of the commission.  Members, employees, or agents of the commission and commission contractors are entitled to enter public or private property at any reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate danger to public health or the environment, to remove or remediate a condition related to the quality of water in the state.  Members, employees, commission contractors, or agents acting under this authority who enter private property shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection, and if the property has management in residence, shall notify management or the person then in charge of his presence and shall exhibit proper credentials.  If any member, employee, commission contractor, or agent is refused the right to enter in or on public or private property under this authority, the executive director may invoke the remedies authorized in Section 26.123 of this code.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, Sec. 1.  Renumbered from Sec. 21.064 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.067, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 883, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.015. Power to Examine Records

Sec. 26.015.  POWER TO EXAMINE RECORDS.  The members of the commission and employees and agents of the commission may examine and copy during regular business hours any records or memoranda pertaining to the operation of any sewer system, disposal system, or treatment facility or pertaining to any discharge of waste or pollutants into any water in the state, or any other records required to be maintained.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, Sec. 1.  Renumbered from Sec. 21.065 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.069, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0151. Public Information

Sec. 26.0151.  PUBLIC INFORMATION.  (a)  The commission shall provide for publishing or otherwise releasing on a regular basis as public information:
(1)  the results of inspections and investigations conducted under Section 26.014 of this code;  and
(2)  any other information routinely prepared by the commission relating to compliance with this chapter or with a rule or order adopted under this chapter.
(b)  The commission shall establish a procedure by which, in response to a written request, a person or organization will be sent a copy of an inspection, investigation, or compliance report for a specified facility or system or for facilities or systems in a specified area or, on a regular basis, a copy of the information released under Subsection (a) of this section.
(c)  The commission shall charge a reasonable fee for each copy sent under Subsection (b) of this section.  The fee must be set at an amount that is estimated to recover the full cost of producing and copying and mailing a copy of the report and must be paid in cash or by cashier's check.
(d)  A copy of a report shall be sent to the person or organization requesting it not later than the 30th day after the date on which the fee is paid or on which the report is made, whichever is later.
(e)  This section does not apply to any information excepted under Subchapter C, Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 749, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 21, eff. June 19, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(101), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.017. Cooperation

Sec. 26.017.  COOPERATION.  The commission shall:
(1)  encourage voluntary cooperation by the people, cities, industries, associations, agricultural interests, and representatives of other interests in preserving the greatest possible utility of water in the state;
(2)  encourage the formation and organization of cooperative groups, associations, cities, industries, and other water users for the purpose of providing a medium to discuss and formulate plans for attainment of water quality control;
(3)  establish policies and procedures for securing close cooperation among state agencies that have water quality control functions;
(4)  cooperate with the governments of the United States and other states and with official or unofficial agencies and organizations with respect to water quality control matters and with respect to formulation of interstate water quality control compacts or agreements, and when representation of state interests on a basin planning agency for water quality purposes is required under Section 3(c) of the Federal Water Pollution Control Act, as amended, or other federal legislation having a similar purpose, the representation shall include an officer or employee of the commission;  and
(5)  with respect to obtaining or administering the NPDES program in lieu of the government of the United States, not enter into any memorandum of agreement or other contractual relationship with or among state agencies or with the government of the United States which imposes any requirements upon the state other than or more stringent than those specifically set forth in Section 402(b) of the Federal Water Pollution Control Act, as amended.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.070, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 310, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.018. Contracts, Instruments

Sec. 26.018.  CONTRACTS, INSTRUMENTS.  With the approval of the commission, the executive director may make contracts and execute instruments that are necessary or convenient to the exercise of the commission's powers or the performance of its duties.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.070, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.019. Orders

Sec. 26.019.  ORDERS.  The commission is authorized to issue orders and make determinations necessary to effectuate the purposes of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0191. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants

Sec. 26.0191.  TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF WASTE OR POLLUTANTS.  The commission may issue a temporary or emergency order relating to the discharge of waste or pollutants under Section 5.509.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.071, 5.011, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 22, eff. June 19, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.020. Hearing Powers

Sec. 26.020.  HEARING POWERS.  The commission may call and hold hearings, administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to the hearing, and make findings of fact and decisions with respect to administering the provisions of this chapter or the rules, orders, or other actions of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.021. Delegation of Hearing Powers

Sec. 26.021.  DELEGATION OF HEARING POWERS.  (a)  The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject on which the commission may hold a hearing.
(b)  The commission may also authorize the chief administrative law judge to delegate to one or more administrative law judges the authority to hold any hearing the chief administrative law judge calls.
(c)  At any hearing called under this section, the chief administrative law judge or the administrative law judge to whom a hearing is delegated may administer oaths and receive evidence.
(d)  The individual or individuals holding a hearing under the authority of this section shall report the hearing in the manner prescribed by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 979, ch. 367, Sec. 8, eff. June 10, 1981;  Acts 1995, 74th Leg., ch. 106, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.022. Notice of Hearings; Continuance

Sec. 26.022.  NOTICE OF HEARINGS;  CONTINUANCE.  (a)  Except as otherwise provided in Sections 5.501, 5.504, 5.509, and 26.176, the provisions of this section apply to all hearings conducted in compliance with this chapter.
(b)  Notice of the hearing shall be published at least once in a newspaper regularly published or circulated in each county where, by virtue of the county's geographical relation to the subject matter of the hearing, the commission has reason to believe persons reside who may be affected by the action that may be taken as a result of the hearing.  The date of the publication shall be not less than 20 days before the date set for the hearing.
(c)  If notice of the hearing is required by this chapter to be given to a person, the notice shall be served personally or mailed not less than 20 days before the date set for the hearing to the person at his last address known to the commission.  If the party is not an individual, the notice may be given to any officer, agent, or legal representative of the party.
(d)  The individual or individuals holding the hearing, called the hearing body, shall conduct the hearing at the time and place stated in the notice.  The hearing body may continue the hearing from time to time and from place to place without the necessity of publishing, serving, mailing, or otherwise issuing a new notice.
(e)  If a hearing is continued and a time and place for the hearing to reconvene are not publicly announced by the person conducting the hearing at the hearing before it is recessed, a notice of any further setting of the hearing shall be served personally or mailed in the manner prescribed in Subsection (c) of this section at a reasonable time before the new setting, but it is not necessary to publish a newspaper notice of the new setting.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.023. Water Quality Standards

Sec. 26.023.  WATER QUALITY STANDARDS.  The commission by rule shall set water quality standards for the water in the state and may amend the standards from time to time.  The commission has the sole and exclusive authority to set water quality standards for all water in the state.  The commission shall consider the existence and effects of nonpoint source pollution, toxic materials, and nutrient loading in developing water quality standards and related waste load models for water quality.  The commission shall develop standards based on all quality assured data obtained by the commission, including the local watershed and river basin database described by Section 26.0135(c)(2).  In this section, "quality assured data" has the meaning assigned by Section 26.0135(i).
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.072, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 294, Sec. 3, eff. June 7, 1991;  Acts 1997, 75th Leg., ch. 101, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.024. Hearings on Standards; Consultation

Sec. 26.024.  HEARINGS ON STANDARDS;  CONSULTATION.  Before setting or amending water quality standards, the commission shall:
(1)  hold public hearings at which any person may appear and present evidence under oath, pertinent for consideration by the commission;  and
(2)  consult with the executive administrator to insure that the proposed standards are not inconsistent with the objectives of the state water plan.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.072 eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.025. Hearings on Standards; Notice to Whom

Sec. 26.025.  HEARINGS ON STANDARDS;  NOTICE TO WHOM.  (a)  The commission shall provide notice of a hearing under Section 26.024 of this code by publishing the notice in the Texas Register.
(b)  In addition to the requirements of Subsection (a) of this section, the commission shall also provide notice to each of the following that the commission believes may be affected:
(1)  each local government whose boundary is contiguous to the water in question or whose boundaries contain all or part of the water, or through whose boundaries the water flows;  and
(2)  the holders of permits from the commission to discharge waste into or adjacent to the water in question.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.072, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 21, eff. June 19, 1987;  Acts 1991, 72nd Leg., ch. 392, Sec. 1, eff. June 6, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.026. Standards to Be Published

Sec. 26.026.  STANDARDS TO BE PUBLISHED.  The commission shall publish its water quality standards and amendments and shall make copies available to the public on written request.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.072, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.027. Commission May Issue Permits

Sec. 26.027.  COMMISSION MAY ISSUE PERMITS.  (a)  The commission may issue permits and amendments to permits for the discharge of waste or pollutants into or adjacent to water in the state.  No permit shall be issued authorizing the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste.  The commission may refuse to issue a permit when the commission finds that issuance of the permit would violate the provisions of any state or federal law or rule or regulation promulgated thereunder, or when the commission finds that issuance of the permit would interfere with the purpose of this chapter.
(b)  A person desiring to obtain a permit or to amend a permit shall submit an application to the commission containing all information reasonably required by the commission.  The commission shall, at minimum, require an applicant who is an individual to provide:
(1)  the individual's full legal name and date of birth;
(2)  the street address of the individual's place of residence;
(3)  the identifying number from the individual's driver's license or personal identification certificate issued by the state or country in which the individual resides;
(4)  the individual's sex; and
(5)  any assumed business or professional name of the individual filed under Chapter 71, Business & Commerce Code.
(c)  A person may not commence construction of a treatment facility until the commission has issued a permit to authorize the discharge of waste from the facility, except with the approval of the commission.
(d)  The commission may not require under this chapter any permit for the placing of dredged or fill materials into or adjacent to water in the state for the purpose of constructing, modifying, or maintaining facilities or structures, but this does not change or limit any authority the commission may have with respect to the control of water quality.  The commission may adopt rules and regulations to govern and control the discharge of dredged or fill materials consistent with the purpose of this chapter.
Amended by Acts 1977, 65th Leg., p. 1645, ch. 644, Sec. 7.  Renumbered from Sec. 21.079 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.074, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 152, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.40, eff. April 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0271. Permits Authorizing Reuse Water System Contributions and Discharges

Sec. 26.0271.  PERMITS AUTHORIZING REUSE WATER SYSTEM CONTRIBUTIONS AND DISCHARGES.  (a)  This section applies only to wastewater treatment facilities operated by an agency of a home-rule municipality with a population of one million or more.
(b)  In any permit or amendment to a permit issued under this chapter, at the request of the applicant the commission may authorize a wastewater treatment facility to contribute treated domestic wastewater produced by the facility as reclaimed water to a reuse water system if the commission has approved the use of reclaimed water from the wastewater treatment facility.
(c)  In any permit or amendment to a permit issued under this chapter, at the request of the applicant the commission shall authorize, subject to any required approval by the United States Environmental Protection Agency, a wastewater treatment facility to:
(1)  contribute reclaimed water into a reuse water system operated by the agency; and
(2)  discharge reclaimed water contributed to a reuse water system at any outfall for which a discharge from the reuse water system is authorized in any permit issued for any wastewater treatment facility operated by the agency.
(d)  For an effluent limitation violation occurring at an outfall permitted for reuse water system discharges by more than one wastewater treatment facility, the commission shall attribute the violation to the wastewater treatment facility contributing the reclaimed water causing the violation.  For a violation that is not directly attributable to a specific wastewater treatment facility, the commission shall attribute the violation to the wastewater treatment facility contributing the greatest volume of reclaimed water to the reuse water system on the date of the violation.
Added by Acts 2009, 81st Leg., R.S., Ch. 409 (H.B. 1922), Sec. 1, eff. June 19, 2009.