reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.707. Transferability of Appropriations and Funds Derived From Fees

Sec. 5.707.  TRANSFERABILITY OF APPROPRIATIONS AND FUNDS DERIVED FROM FEES.  Notwithstanding any law that provides specific purposes for which a fund, account, or revenue source may be used and expended by the commission and that restricts the use of revenues and balances by the commission, the commission may transfer a percentage of appropriations from one appropriation item to another appropriation item consistent with the General Appropriations Act for any biennium authorizing the commission to transfer a percentage of appropriations from one appropriation item to another appropriation item.  The use of funds in dedicated accounts under this section for purposes in addition to those provided by statutes restricting their use may not exceed seven percent or $20 million, whichever is less, of appropriations to the commission in the General Appropriations Act for any biennium.  A transfer of $500,000 or more from one appropriation item to another appropriation item under this section must be approved by the commission at an open meeting subject to Chapter 551, Government Code.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, 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 P. Fees › Section 5.708. Permit Fee Exemption for Certain Research Projects

Sec. 5.708.  PERMIT FEE EXEMPTION FOR CERTAIN RESEARCH PROJECTS.  (a)  In this section:
(1)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(2)  "State agency" has the meaning assigned by Section 572.002, Government Code.
(b)  If a permit issued by the commission is required for a research project by an institution of higher education or a state agency, payment of a fee is not required for the permit.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, 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 Q. Performance-Based Regulation › Section 5.751. Applicability

Sec. 5.751.  APPLICABILITY.  This subchapter applies to programs under the jurisdiction of the commission under Chapters 26, 27, and 32 of this code and Chapters 361, 375, 382, and 401, Health and Safety Code.  It does not apply to occupational licensing programs under the jurisdiction of the commission.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 4.01, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.01, 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 Q. Performance-Based Regulation › Section 5.752. Definitions

Sec. 5.752.  DEFINITIONS.  In this subchapter:
(1)  "Applicable legal requirement" means an environmental law, regulation, permit, order, consent decree, or other requirement.
(2)  "Innovative program" means:
(A)  a program developed by the commission under this subchapter, Chapter 26 or 27 of this code, or Chapter 361, 382, or 401, Health and Safety Code, that provides incentives to a person in return for benefits to the environment that exceed benefits that would result from compliance with applicable legal requirements under the commission's jurisdiction;
(B)  the flexible permit program administered by the commission under Chapter 382, Health and Safety Code;
(C)  the regulatory flexibility program administered by the commission under Section 5.758; or
(D)  a program established under Section 382.401, Health and Safety Code, to encourage the use of alternative technology for detecting leaks or emissions of air contaminants.
(3)  "Permit" includes a license, certificate, registration, approval, permit by rule, standard permit, or other form of authorization issued by the commission under this code or the Health and Safety Code.
(4)  "Region" means a region of the commission's field operations division or that division's successor.
(5)  "Strategically directed regulatory structure" means a program that is designed to use innovative programs to provide maximum environmental benefit and to reward compliance performance.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 4.01, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 870 (H.B. 1526), Sec. 2, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.02, 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 Q. Performance-Based Regulation › Section 5.755. Strategically Directed Regulatory Structure

Sec. 5.755.  STRATEGICALLY DIRECTED REGULATORY STRUCTURE.  (a)  The commission by rule shall develop a strategically directed regulatory structure to provide incentives for enhanced environmental performance.
(b)  The strategically directed regulatory structure shall offer incentives based on:
(1)  a person's compliance history; and
(2)  any voluntary measures undertaken by the person to improve environmental quality.
(c)  An innovative program offered as part of the strategically directed regulatory structure must be consistent with other law and any requirement necessary to maintain federal program authorization.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 4.01, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.06, 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 Q. Performance-Based Regulation › Section 5.756. Collection and Analysis of Compliance Performance Information

Sec. 5.756.  COLLECTION AND ANALYSIS OF COMPLIANCE PERFORMANCE INFORMATION.  (a)  The commission shall collect data on:
(1)  the results of inspections conducted by the commission;  and
(2)  whether inspections are announced or unannounced.
(b)  The commission shall collect data on and make available to the public on the Internet:
(1)  the number and percentage of all violations committed by persons who previously have committed the same or similar violations;
(2)  the number and percentage of enforcement orders issued by the commission that are issued to entities that have been the subject of a previous enforcement order;
(3)  whether a violation is of major, moderate, or minor significance, as defined by commission rule;
(4)  whether a violation relates to an applicable legal requirement pertaining to air, water, or waste;  and
(5)  the region in which the facility is located.
(c)  The commission annually shall prepare a comparative analysis of data evaluating the performance, over time, of the commission and of entities regulated by the commission.
(d)  The commission shall include in the annual enforcement report required by Section 5.126 the comparative performance analysis required by Subsection (c), organized by region and regulated medium.
(e)  Before compliance performance information about a site may be placed on the Internet under this subchapter, the information must be evaluated through a quality assurance and control procedure, including a 30-day period for the owner or operator of the site to review and comment on the information.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 4.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 22.001, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.07, 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 Q. Performance-Based Regulation › Section 5.757. Coordination of Innovative Programs

Sec. 5.757.  COORDINATION OF INNOVATIVE PROGRAMS.  (a)  The commission shall designate a single point of contact within the agency to coordinate all innovative programs.
(b)  The coordinator shall:
(1)  inventory, coordinate, and market and evaluate all innovative programs;
(2)  provide information and technical assistance to persons participating in or interested in participating in those programs;  and
(3)  work with the pollution prevention advisory committee to assist the commission in integrating the innovative programs into the commission's operations, including:
(A)  program administration;
(B)  strategic planning;  and
(C)  staff training.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 4.01, 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 Q. Performance-Based Regulation › Section 5.758. Regulatory Flexibility

Sec. 5.758.  REGULATORY FLEXIBILITY.  (a)  The commission by order may exempt an applicant from a requirement of a statute or commission rule regarding the control or abatement of pollution if the applicant proposes to control or abate pollution by an alternative method or by applying an alternative standard that is:
(1)  as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply; and
(2)  not inconsistent with federal law.
(b)  The commission may not exempt an applicant under this section unless the applicant can present to the commission evidence that the alternative the applicant proposes is as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply.
(c)  The commission by rule shall specify the procedure for obtaining an exemption under this section.  The rules must provide for public notice and for public participation in a proceeding involving an application for an exemption under this section.
(d)  The commission's order must provide a description of the alternative method or standard and condition the exemption on compliance with the method or standard as the order prescribes.
(e)  The commission by rule may establish a reasonable fee for applying for an exemption under this section.
(f)  A violation of an order issued under this section is punishable as if it were a violation of the statute or rule from which the order grants an exemption.
(g)  This section does not authorize exemptions to statutes or regulations for storing, handling, processing, or disposing of low-level radioactive materials.
(h)  In implementing the program of regulatory flexibility authorized by this section, the commission shall:
(1)  promote the program to businesses in the state through all available appropriate media;
(2)  endorse alternative methods that will clearly benefit the environment and impose the least onerous restrictions on business;
(3)  fix and enforce environmental standards, allowing businesses flexibility in meeting the standards in a manner that clearly enhances environmental outcomes; and
(4)  work to achieve consistent and predictable results for the regulated community and shorter waits for permit issuance.
Added by Acts 1997, 75th Leg., ch. 1203, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 5.123 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 4.02, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.08, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.801. Definition

Sec. 5.801.  DEFINITION.  In this subchapter, "environmental testing laboratory" means a scientific laboratory that performs analyses to determine the chemical, molecular, or pathogenic components of environmental media for regulatory compliance purposes.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.001 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.802. Administration by Commission

Sec. 5.802.  ADMINISTRATION BY COMMISSION.  The commission shall adopt rules for the administration of the voluntary environmental testing laboratory accreditation program established by this chapter.  The program must be consistent with national accreditation standards approved by the National Environmental Laboratory Accreditation Program.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.002 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.803. Application; Fee

Sec. 5.803.  APPLICATION;  FEE.  (a)  To be accredited under the accreditation program adopted under this subchapter, an environmental testing laboratory must submit an application to the commission on a form prescribed by the commission, accompanied by the accreditation fee.  The application must contain the information that the commission requires.
(b)  The commission by rule shall establish a schedule of reasonable accreditation fees designed to recover the costs of the accreditation program, including the costs associated with:
(1)  application review;
(2)  initial, routine, and follow-up inspections by the commission;  and
(3)  preparation of reports.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.003 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.804. Issuance of Accreditation; Reciprocity

Sec. 5.804.  ISSUANCE OF ACCREDITATION;  RECIPROCITY.  (a)  The commission may accredit an environmental testing laboratory that complies with the commission requirements established under this subchapter.
(b)  The commission by rule may provide for the accreditation of an environmental testing laboratory that is accredited or licensed in another state by an authority that is approved by the National Environmental Laboratory Accreditation Program.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.004 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.805. Rules; Minimum Standards

Sec. 5.805.  RULES;  MINIMUM STANDARDS.  The commission shall adopt rules to implement this subchapter and minimum performance and quality assurance standards for accreditation of an environmental testing laboratory.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.005 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.806. Discipline

Sec. 5.806.  DISCIPLINE.  After notice and an opportunity for hearing, the commission may suspend or revoke the accreditation of an environmental testing laboratory that does not comply with the minimum performance and quality assurance standards established under this subchapter.
Added by Acts 1999, 76th Leg., ch. 447, Sec. 1, eff. June 18, 1999.  Redesignated from Health and Safety Code Sec. 421.006 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, 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 R. Accreditation of Environmental Testing Laboratories › Section 5.807. Environmental Testing Laboratory Accreditation Account

Sec. 5.807.  ENVIRONMENTAL TESTING LABORATORY ACCREDITATION ACCOUNT.  All fees collected under this subchapter shall be deposited to the credit of the environmental testing laboratory accreditation account and may be appropriated to the commission only for paying the costs of the accreditation program.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 6.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter A. General Provisions › Section 6.001. Definitions

Sec. 6.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Water Development Board.
(2)  "Executive administrator" means the executive administrator of the board.
(3)  "Commission" means the Texas Natural Resource Conservation Commission.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.056, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter A. General Provisions › Section 6.002. Scope of Chapter

Sec. 6.002.  SCOPE OF CHAPTER.  The powers and duties enumerated in this chapter are the general powers and duties of the board and those incidental to the conduct of its business.  The board has other specific powers and duties as prescribed in other sections of this code and other laws of this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter B. Organization of the Texas Water Development Board › Section 6.011. Board as Agency of State

Sec. 6.011.  BOARD AS AGENCY OF STATE.  The board is the state agency primarily responsible for water planning and for administering water financing for the state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter B. Organization of the Texas Water Development Board › Section 6.012. General Duties and Responsibilities

Sec. 6.012.  GENERAL DUTIES AND RESPONSIBILITIES.  (a)  The board has general jurisdiction over:
(1)  the development and implementation of a statewide water plan;
(2)  the administration of the state's various water assistance and financing programs including those created by the constitution;
(3)  the administration of the National Flood Insurance Program; and
(4)  other areas specifically assigned to the board by this code or other law.
(b)  The board has only those powers and duties previously delegated by law to the Texas Department of Water Resources that are specifically delegated to the board under this code and other laws of this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter B. Organization of the Texas Water Development Board › Section 6.013. Sunset Provision

Sec. 6.013.  SUNSET PROVISION.  The Texas Water Development Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter.  The board shall be reviewed during the period in which state agencies abolished in 2035 and every 12th year after 2035 are reviewed.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.20(47), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.24(a), eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 1234, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.13, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 45 (H.B. 1565), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter B. Organization of the Texas Water Development Board › Section 6.014. Construction of Title

Sec. 6.014.  CONSTRUCTION OF TITLE.  This title shall be liberally construed to allow the board and the executive administrator to carry out their powers and duties in an efficient and effective manner.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.051. State Agency

Sec. 6.051.  STATE AGENCY.  The Texas Water Development Board is an agency of the state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.052. Members of the Board; Appointment

Sec. 6.052.  MEMBERS OF THE BOARD;  APPOINTMENT.  (a)  The board is composed of three members who are appointed by the governor with the advice and consent of the senate.  One member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business.
(b)  The governor shall make the appointments in such a manner that the members reflect the diverse geographic regions and population groups of this state and do not have any conflicts of interest prohibited by state or federal law.
(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.053. Eligibility for Membership

Sec. 6.053.  ELIGIBILITY FOR MEMBERSHIP.  (a)  Members of the board must be members of the general public.
(b)  A person is not eligible for appointment to the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;
(2)  owns, controls, or has, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board.
(c)  Subsection (b)(1) does not apply to an employee of a political subdivision of this state.
(d)  A person is not eligible for appointment to the board if the person served on the board on or before January 1, 2013.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1278 (H.B. 3769), Sec. 2, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.054. Removal of Board Members

Sec. 6.054.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required for appointment to the board;
(2)  does not maintain during service on the board the qualifications required for appointment to the board;
(3)  is ineligible for membership under Sections 6.053, 6.057, and 6.058;
(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 half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive administrator or a member has knowledge that a potential ground for removal exists, the executive administrator shall notify the chairman of the board of the potential ground. The chairman of the board shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal includes the chairman of the board, the executive administrator or another member of the board shall notify the member of the board with the most seniority, who shall then notify the governor and the attorney general that a potential ground for removal exists.
(d)  The governor, with the advice and consent of the senate, may remove a board member from office as provided by Section 9, Article XV, Texas Constitution.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.055. Officers of State; Oath

Sec. 6.055.  OFFICERS OF STATE;  OATH.  Each member of the board 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.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.056. Terms of Office

Sec. 6.056.  TERMS OF OFFICE.  (a) The members of the board hold office for staggered terms of six years, with the term of one member expiring February 1 of each odd-numbered year.  Each member holds office until a successor is appointed and has qualified.
(b)  A person appointed to the board may not serve for more than two six-year terms.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.04, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.057. Conflict of Interest

Sec. 6.057.  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 board and may not be a board 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 the field of water planning or water financing;  or
(2)  the person's spouse is an officer, employee, or paid consultant of a Texas trade association in the field of water planning or water financing.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.058. Lobbyist Prohibition

Sec. 6.058.  LOBBYIST PROHIBITION.  A person may not be a member of the board or act as the general counsel to the board 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 board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(25), eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.059. Chairman of the Board

Sec. 6.059.  CHAIRMAN OF THE BOARD. The governor shall designate one member as chairman of the board to serve at the will of the governor.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.05, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.060. Board Meetings

Sec. 6.060.  BOARD MEETINGS.  (a)  The board shall hold regular meetings and all hearings at times specified by a board order and entered in its minutes.  The board may hold special meetings at the times and places in this state that the board decides are appropriate for the performance of its duties. The chairman of the board or the board member acting for the chairman shall give the other members reasonable notice before holding a special meeting.
(b)  The chairman shall preside at all meetings of the board. The chairman may designate another board member to act for the chairman in the chairman's absence.
(c)  A majority of the members constitute a quorum to transact business.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 84 (S.B. 1574), Sec. 2, eff. September 1, 2019.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.06, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 84 (S.B. 1574), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.0601. Consultation Regarding Certain Financial Matters; Closed Meeting

Sec. 6.0601.  CONSULTATION REGARDING CERTAIN FINANCIAL MATTERS; CLOSED MEETING.  (a)  The board may hold a closed meeting to consider and discuss financial matters related to the investment or potential investment of the board's funds.
(b)  A final action, decision, or vote on a matter considered or discussed in a closed meeting held under this section must be made in an open meeting conducted in compliance with the notice provisions of Chapter 551, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 626 (S.B. 1386), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.061. Full-Time Service

Sec. 6.061.  FULL-TIME SERVICE.  Each member of the board shall serve on a full-time basis.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.07, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter C. Texas Water Development Board › Section 6.062. Required Training for Board Members

Sec. 6.062.  REQUIRED TRAINING FOR BOARD MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board 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 board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the results of the most recent formal audit of the board;
(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 board or the Texas Ethics Commission.
(c)  A person appointed to the board 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 administrator shall create a training manual that includes the information required by Subsection (b). The executive administrator shall distribute a copy of the training manual annually to each member of the board. Each member of the board shall sign and submit to the executive administrator a statement acknowledging that the member received and reviewed the training manual.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 45 (H.B. 1565), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.101. Rules

Sec. 6.101.  RULES.  (a)  The board shall adopt rules necessary to carry out the powers and duties of the board provided by this code and other laws of this state.
(b)  The executive administrator may recommend to the board for its consideration rules that he considers necessary to carry out the board's powers and duties.
(c)  Rules shall be adopted in the manner provided by Chapter 2001, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.1011. Budget Approval

Sec. 6.1011.  BUDGET APPROVAL.  The board shall examine and approve budget recommendations for the board that are to be transmitted to the legislature.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.102. Advisory Councils

Sec. 6.102.  ADVISORY COUNCILS.  The board may create and consult with any advisory councils that the board considers appropriate to carry out its powers and duties.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.103. Executive Administrator

Sec. 6.103.  EXECUTIVE ADMINISTRATOR.  The board shall appoint a person to be the executive administrator to serve at the will of the board.  A person is not eligible for appointment as the executive administrator if the person served in that capacity on January 1, 2013.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 1.08, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.104. Memoranda of Understanding

Sec. 6.104.  MEMORANDA OF UNDERSTANDING.  The board may enter into a memorandum of understanding with any other state agency.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 717 (H.B. 2388), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.105. Public Testimony Policy

Sec. 6.105.  PUBLIC TESTIMONY POLICY.  The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.106. Standards of Conduct

Sec. 6.106.  STANDARDS OF CONDUCT.  The executive administrator or the executive administrator's designee shall provide to members of the board and to agency employees, as often as is necessary, information regarding the requirements for office or employment under this code, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.107. Power to Enter Land

Sec. 6.107.  POWER TO ENTER LAND.  Any member or employee of the board may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that would, in the judgment of the executive administrator, assist the board in the discharge of its duties.
Added by Acts 1987, 70th Leg., ch. 977, Sec. 3, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.108. Power to Purchase Insurance

Sec. 6.108.  POWER TO PURCHASE INSURANCE.  The board may purchase for its members, appointees, and employees and pay premiums on liability insurance in any amounts and from any insurers the board considers advisable.
Added by Acts 1993, 73rd Leg., ch. 1021, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.109. Liability

Sec. 6.109.  LIABILITY.  Pursuant to the limited waiver of governmental immunity of Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims Act), neither a member of the board nor any employee of the board is personally liable in the person's private capacity for any act performed or for any contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud, in connection with the administration, management, or conduct of the board in its business, programs, or other related affairs.
Added by Acts 1993, 73rd Leg., ch. 1021, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.111. Separation of Responsibilities

Sec. 6.111.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive administrator and the staff of the board.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.112. Border Projects Website

Sec. 6.112.  BORDER PROJECTS WEBSITE.  (a)  In this section, "border region" means the portion of this state located within 100 kilometers of this state's international border.
(b)  The board may maintain and update an Internet-based directory of border projects, also know as the Border Activity Tracker, containing information about projects in the border region in which a state agency is involved.  The board shall establish guidelines as to which projects and information are to be included in the directory.
(c)  Each state agency involved in a project in the border region may electronically submit to the board any information required under this section to be on the Internet-based directory of border projects.  Each state agency shall update the information promptly, not less often than quarterly.
Added by Acts 2005, 79th Leg., Ch. 1215 (H.B. 925), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.113. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 6.113.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board 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 board's jurisdiction.
(b)  The board'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 board 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. 1233 (S.B. 660), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter D. General Powers and Duties of the Board › Section 6.114. Financial Assistance Programs: Default, Remedies, and Enforcement

Sec. 6.114.  FINANCIAL ASSISTANCE PROGRAMS:  DEFAULT, REMEDIES, AND ENFORCEMENT.  (a)  In this section:
(1)  "Default" means:
(A)  default in payment of the principal of or interest on bonds, securities, or other obligations purchased or acquired by the board;
(B)  failure to perform any covenant related to a bond, security, or other obligation purchased or acquired by the board;
(C)  a failure to perform any of the terms of a loan, grant, or other financing agreement; or
(D)  any other failure to perform an obligation, breach of a term of an agreement, or default as provided by any proceeding or agreement evidencing an obligation or agreement of a recipient, beneficiary, or guarantor of financial assistance provided by the board.
(2)  "Financial assistance program recipient" means a recipient or beneficiary of funds administered by the board under this code, including a borrower, grantee, guarantor, or other beneficiary.
(b)  In the event of a default and on request by the board, the attorney general shall seek:
(1)  a writ of mandamus to compel a financial assistance program recipient or the financial assistance program recipient's officers, agents, and employees to cure the default; and
(2)  any other legal or equitable remedy the board and the attorney general consider necessary and appropriate.
(c)  A proceeding authorized by this section shall be brought and venue is in a district court in Travis County.
(d)  In a proceeding under this section, the attorney general may recover reasonable attorney's fees, investigative costs, and court costs incurred on behalf of the state in the proceeding in the same manner as provided by general law for a private litigant.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 2, eff. September 1, 2011.