reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.057. Exemption

Sec. 382.057.  EXEMPTION.  (a)  Consistent with Section 382.0511, the commission by rule may exempt from the requirements of Section 382.0518 changes within any facility if it is found on investigation that such changes will not make a significant contribution of air contaminants to the atmosphere.  The commission by rule shall exempt from the requirements of Section 382.0518 or issue a standard permit for the installation of emission control equipment that constitutes a modification or a new facility, subject to such conditions restricting the applicability of such exemption or standard permit that the commission deems necessary to accomplish the intent of this chapter.  The commission may not exempt any modification of an existing facility defined as "major" under any applicable preconstruction permitting requirements of the federal Clean Air Act or regulations adopted under that Act.  Nothing in this subsection shall be construed to limit the commission's general power to control the state's air quality under Section 382.011(a).
(b)  The commission shall adopt rules specifically defining the terms and conditions for an exemption under this section in a nonattainment area as defined by Title I of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.14, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 20, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1125, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 406, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.058. Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption

Sec. 382.058.  NOTICE OF AND HEARING ON CONSTRUCTION OF CONCRETE PLANT UNDER PERMIT BY RULE, STANDARD PERMIT, OR EXEMPTION.  (a)  A person may not begin construction on any concrete plant that performs wet batching, dry batching, or central mixing under a standard permit under Section 382.05195 or a permit by rule adopted by the commission under Section 382.05196 unless the person has complied with the notice and opportunity for hearing provisions under Section 382.056.
(b)  This section does not apply to a concrete plant located temporarily in the right-of-way, or contiguous to the right-of-way, of a public works project.
(c)  For purposes of this section, only those persons actually residing in a permanent residence within 440 yards of the proposed plant may request a hearing under Section 382.056 as a person who may be affected.
(d)  If the commission considers air dispersion modeling information in the course of adopting an exemption under Section 382.057 for a concrete plant that performs wet batching, dry batching, or central mixing, the commission may not require that a person who qualifies for the exemption conduct air dispersion modeling before beginning construction of a concrete plant, and evidence regarding air dispersion modeling may not be submitted at a hearing under Section 382.056.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 391, Sec. 1, 2, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 406, Sec. 7, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.002, eff. Sept. 1, 2001.
For expiration of this section, see Subsection (g).
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.059. Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities

Sec. 382.059.  HEARING AND DECISION ON PERMIT AMENDMENT APPLICATION OF CERTAIN ELECTRIC GENERATING FACILITIES.  (a)  This section applies to a permit amendment application submitted solely to allow an electric generating facility to reduce emissions and comply with a requirement imposed by Section 112 of the federal Clean Air Act (42 U.S.C. Section 7412) to use applicable maximum achievable control technology.  A permit amendment application shall include a condition that the applicant is required to complete the actions needed for compliance by the time allowed under Section 112 of the federal Clean Air Act (42 U.S.C. Section 7412).
(b)  The commission shall provide an opportunity for a public hearing and the submission of public comment on the application in the manner provided by Section 382.0561.
(c)  Not later than the 45th day after the date the application is received, the executive director shall issue a draft permit.
(d)  Not later than the 30th day after the date of issuance of the draft permit under Subsection (c), parties may submit to the commission any legitimate issues of material fact regarding whether the choice of technology approved in the draft permit is the maximum achievable control technology required under Section 112 of the federal Clean Air Act (42 U.S.C. Section 7412) and may request a contested case hearing before the commission.  If a party requests a contested case hearing under this subsection, the commission shall conduct a contested case hearing and issue a final order issuing or denying the permit amendment not later than the 120th day after the date of issuance of the draft permit under Subsection (c).
(e)  The commission shall send notice of a decision on an application for a permit amendment under this section in the manner provided by Section 382.0562.
(f)  A person affected by a decision of the commission to issue or deny a permit amendment may move for rehearing and is entitled to judicial review under Section 382.032.
(g)  This section expires on the sixth anniversary of the date the administrator adopts standards for existing electric generating facilities under Section 112 of the federal Clean Air Act (42 U.S.C. Section 7412), unless a stay of the rules is granted.
(h)  The commission shall adopt rules to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.27, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.0591. Denial of Application for Permit; Assistance Provided by Former or Current Employees

Sec. 382.0591.  DENIAL OF APPLICATION FOR PERMIT;  ASSISTANCE PROVIDED BY FORMER OR CURRENT EMPLOYEES.  (a)  The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer the permit if the commission determines that:
(1)  a former employee participated personally and substantially as an employee in the commission's review, evaluation, or processing of the application before leaving employment with the commission;  and
(2)  after leaving employment with the commission, that former employee provided assistance to the applicant for the issuance, amendment, renewal, or transfer of the permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(b)  The commission or the executive director may not issue a federal operating permit for a solid waste incineration unit if a member of the commission or the executive director is also responsible in whole or in part for the design and construction or the operation of the unit.
(c)  The commission shall provide an opportunity for a hearing to an applicant before denying an application under this section.
(d)  Action taken under this section does not prejudice any application other than an application in which the former employee provided assistance.
(e)  In this section, "former employee" means a person:
(1)  who was previously employed by the commission as a supervisory or exempt employee;  and
(2)  whose duties during employment with the commission included involvement in or supervision of the commission's review, evaluation, or processing of applications.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 140, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 22, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.170, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.061. Delegation of Powers and Duties

Sec. 382.061.  DELEGATION OF POWERS AND DUTIES.  (a)  The commission may delegate to the executive director the powers and duties under Sections 382.051-382.0563 and 382.059, except for the adoption of rules.
(b)  An applicant or a person affected by a decision of the executive director may appeal to the commission any decision made by the executive director, with the exception of a decision regarding a federal operating permit, under Sections 382.051-382.055 and 382.059.
(c)  Any person, including the applicant, affected by a decision of the executive director regarding federal operating permits may:
(1)  petition the administrator in accordance with rules adopted under Section 382.0563;  or
(2)  file a petition for judicial review under Section 382.032.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.16, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 23, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.171, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.062. Application, Permit, and Inspection Fees

Sec. 382.062.  APPLICATION, PERMIT, AND INSPECTION FEES.  (a)  The commission shall adopt, charge, and collect a fee for:
(1)  each application for:
(A)  a permit or permit amendment, revision, or modification not subject to Title IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.);
(B)  a renewal review of a permit issued under Section 382.0518 not subject to Title IV or V of the federal Clean Air Act;
(2)  inspections of a federal source performed to enforce this chapter or rules adopted by the commission under this chapter until the federal source is required to obtain an operating permit under Section 382.054;  and
(3)  inspections performed to enforce this chapter or rules adopted by the commission under this chapter at a facility not required to obtain an operating permit under Section 382.054.
(b)  The commission may adopt rules relating to charging and collecting a fee for an exemption, for a permit, for a permit by rule, for a voluntary emissions reduction permit, for a multiple plant permit, or for a standard permit and for a variance.
(c)  For purposes of the fees, the commission shall treat two or more facilities that compose an integrated system or process as a single facility if a structure, device, item of equipment, or enclosure that constitutes or contains a given stationary source operates in conjunction with and is functionally integrated with one or more other similar structures, devices, items of equipment, or enclosures.
(d)  A fee assessed under this section may not be less than $25 or more than $75,000.
(e)  The commission by rule shall establish the fees to be collected under Subsection (a) in amounts sufficient to recover:
(1)  the reasonable costs to review and act on a variance application and enforce the terms and conditions of the variance;  and
(2)  not less than 50 percent of the commission's actual annual expenditures to:
(A)  review and act on permits or special permits;
(B)  amend and review permits;
(C)  inspect permitted, exempted, and specially permitted facilities;  and
(D)  enforce the rules and orders adopted and permits, special permits, and exemptions issued under this chapter, excluding rules and orders adopted and permits required under Title IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.18, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 24, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.172, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 406, Sec. 8, eff. Aug. 30, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.063. Issuance of Emergency Order Because of Catastrophe

Sec. 382.063.  ISSUANCE OF EMERGENCY ORDER BECAUSE OF CATASTROPHE.  (a)  The commission may issue an emergency order because of catastrophe under Section 5.515, Water Code.
(b)  In this section, "catastrophe" means an unforeseen event, including an act of God, an act of war, severe weather, explosions, fire, or similar occurrences beyond the reasonable control of the operator that makes a facility or its functionally related appurtenances inoperable.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.175, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 44, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.064. Initial Application Date

Sec. 382.064.  INITIAL APPLICATION DATE.  An application for a federal operating permit is not required to be submitted to the commission before the approval of the Title V permitting program by the United States Environmental Protection Agency.
Added by Acts 1993, 73rd Leg., ch. 485, Sec. 26, eff. June 9, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.176, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.065. Certain Locations for Operating Concrete Crushing Facility Prohibited

Sec. 382.065.  CERTAIN LOCATIONS FOR OPERATING CONCRETE CRUSHING FACILITY PROHIBITED.  (a)  The commission by rule shall prohibit the operation of a concrete crushing facility within 440 yards of a building in use as a single or multifamily residence, school, or place of worship at the time the application for a permit to operate the facility at a site near the residence, school, or place of worship is filed with the commission.  The measurement of distance for purposes of this subsection shall be taken from the point on the concrete crushing facility that is nearest to the residence, school, or place of worship toward the point on the residence, school, or place of worship that is nearest the concrete crushing facility.
(b)  Subsection (a) does not apply to a concrete crushing facility:
(1)  at a location for which commission authorization for the operation of a concrete crushing facility was in effect on September 1, 2001;
(2)  at a location that satisfies the distance requirements of Subsection (a) at the time the application for the initial authorization for the operation of that facility at that location is filed with the commission, provided that the authorization is granted and maintained, regardless of whether a single or multifamily residence, school, or place of worship is subsequently built or put to use within 440 yards of the facility; or
(3)  that:
(A)  uses a concrete crusher:
(i)  in the manufacture of products that contain recycled materials; and
(ii)  that is located in an enclosed building; and
(B)  is located:
(i)  within 25 miles of an international border; and
(ii)  in a municipality with a population of not less than 6,100 but not more than 20,000.
(c)  Except as provided by Subsection (d), Subsection (a) does not apply to a concrete crushing facility that:
(1)  is engaged in crushing concrete and other materials produced by the demolition of a structure at the location of the structure and the concrete and other materials are being crushed primarily for use at that location;
(2)  operates at that location for not more than 180 days;
(3)  the commission determines will cause no adverse environmental or health effects by operating at that location;  and
(4)  complies with conditions stated in commission rules, including operating conditions.
(d)  Notwithstanding Subsection (c), Subsection (a) applies to a concrete crushing facility in a county with a population of 3.3 million or more or in a county adjacent to such a county.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.07, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1054, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1089 (S.B. 1250), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 46, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.066. Shipyard Facilities

Sec. 382.066.  SHIPYARD FACILITIES.  (a)  In this section, "shipyard" means a shipbuilding or ship repair operation.
(b)  In determining whether to issue, or in conducting a review of, a permit or other authorization issued or adopted under this chapter for a shipyard, the commission:
(1)  may not require and may not consider air dispersion modeling results predicting ambient concentrations of noncriteria pollutants over coastal waters of the state;  and
(2)  shall determine compliance with noncriteria ambient air pollutant standards and guidelines according to the land-based off-property concentrations of air contaminants.
(c)  This section does not limit the commission's authority to take an enforcement action in response to a condition that constitutes a nuisance.
Added by Acts 2001, 77th Leg., ch. 1166, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Health & Safety Code Sec. 382.065 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(94), eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.068. Poultry Facility Odor; Response to Complaints

Sec. 382.068.  POULTRY FACILITY ODOR; RESPONSE TO COMPLAINTS.  (a)  In this section, "poultry facility" and "poultry litter" have the meanings assigned by Section 26.301, Water Code.
(b)  The commission shall respond and investigate not later than 18 hours after receiving:
(1)  a second complaint against a poultry facility concerning odor associated with:
(A)  the facility; or
(B)  the application of poultry litter to land by the poultry facility; or
(2)  a complaint concerning odor from a poultry facility at which the commission has substantiated odor nuisance conditions in the previous 12 months.
(c)  If after the investigation the commission determines that a poultry facility is violating the terms of its air quality authorization or is creating a nuisance, the commission shall issue a notice of violation.
(d)  The commission by rule or order shall require the owner or operator of a poultry facility for which the commission has issued three notices of violation under this section during a 12-month period to enter into a comprehensive compliance agreement with the commission.  The compliance agreement must include an odor control plan that the executive director determines is sufficient to control odors.
(e)  The owner or operator of a new poultry facility shall complete a poultry facility training course on the prevention of poultry facility odor nuisances from the poultry science unit of the Texas AgriLife Extension Service not later than the 90th day after the date the facility first accepts poultry to raise.  The owner or operator of a new poultry facility shall maintain records of the training and make the records available to the commission for inspection.
(f)  The poultry science unit of the Texas AgriLife Extension Service may charge an owner or operator of a poultry facility a training fee to offset the direct cost of providing the training.
Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.069. Texas Backup Power Package

Text of section effective on voter approval of S.J.R. 93, 88th Leg., R.S.
Sec. 382.069.  TEXAS BACKUP POWER PACKAGE.  (a)  In this section, "Texas backup power package" has the meaning assigned by Section 34.0201, Utilities Code.
(b)  The commission by rule shall adopt a process to expedite the permitting of a Texas backup power package for which a permit is required under this chapter and for which a loan or grant is awarded under Chapter 34, Utilities Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 4.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter D. Penalties and Enforcement › Section 382.085. Unauthorized Emissions Prohibited

Sec. 382.085.  UNAUTHORIZED EMISSIONS PROHIBITED.  (a)  Except as authorized by a commission rule or order, a person may not cause, suffer, allow, or permit the emission of any air contaminant or the performance of any activity that causes or contributes to, or that will cause or contribute to, air pollution.
(b)  A person may not cause, suffer, allow, or permit the emission of any air contaminant or the performance of any activity in violation of this chapter or of any commission rule or order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.180, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 45, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter E. Authority of Local Governments › Section 382.111. Inspections; Power to Enter Property

Sec. 382.111.  INSPECTIONS;  POWER TO ENTER PROPERTY.  (a)  A local government has the same power and is subject to the same restrictions as the commission under Section 382.015 to inspect the air and to enter public or private property in its territorial jurisdiction to determine if:
(1)  the level of air contaminants in an area in its territorial jurisdiction and the emissions from a source meet the levels set by:
(A)  the commission;  or
(B)  a municipality's governing body under Section 382.113;  or
(2)  a person is complying with this chapter or a rule, variance, or order issued by the commission.
(b)  A local government shall send the results of its inspections to the commission when requested by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.187, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter E. Authority of Local Governments › Section 382.112. Recommendations to Commission

Sec. 382.112.  RECOMMENDATIONS TO COMMISSION.  A local government may make recommendations to the commission concerning a rule, determination, variance, or order of the commission that affects an area in the local government's territorial jurisdiction.  The commission shall give maximum consideration to a local government's recommendations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.187, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter E. Authority of Local Governments › Section 382.113. Authority of Municipalities

Sec. 382.113.  AUTHORITY OF MUNICIPALITIES.  (a)  Subject to Section 381.002, a municipality has the powers and rights as are otherwise vested by law in the municipality to:
(1)  abate a nuisance;  and
(2)  enact and enforce an ordinance for the control and abatement of air pollution, or any other ordinance, not inconsistent with this chapter or the commission's rules or orders.
(b)  An ordinance enacted by a municipality must be consistent with this chapter and the commission's rules and orders and may not make unlawful a condition or act approved or authorized under this chapter or the commission's rules or orders.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.187, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter E. Authority of Local Governments › Section 382.115. Cooperative Agreements

Sec. 382.115.  COOPERATIVE AGREEMENTS.  A local government may execute cooperative agreements with the commission or other local governments:
(1)  to provide for the performance of air quality management, inspection, and enforcement functions and to provide technical aid and educational services to a party to the agreement;  and
(2)  for the transfer of money or property from a party to the agreement to another party to the agreement for the purpose of air quality management, inspection, enforcement, technical aid, and education.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.189, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.201. Definitions

Sec. 382.201.  DEFINITIONS.  In this subchapter:
(1)  "Affected county" means a county with a motor vehicle emissions inspection and maintenance program established under Section 548.301, Transportation Code.
(2)  "Commercial vehicle" means a vehicle that is owned or leased in the regular course of business of a commercial or business entity.
(3)  "Fleet vehicle" means a motor vehicle operated as one of a group that consists of more than 10 motor vehicles and that is owned and operated by a public or commercial entity or by a private entity other than a single household.
(4)  "Participating county" means an affected county in which the commissioners court by resolution has chosen to implement a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program authorized by Section 382.209.
(5)  "Retrofit" means to equip, or the equipping of, an engine or an exhaust or fuel system with new, emissions-reducing parts or equipment designed to reduce air emissions and improve air quality, after the manufacture of the original engine or exhaust or fuel system, so long as the parts or equipment allow the vehicle to meet or exceed state and federal air emissions reduction standards.
(6)  "Retrofit equipment" means emissions-reducing equipment designed to reduce air emissions and improve air quality that is installed after the manufacture of the original engine or exhaust or fuel system.
(7)  "Vehicle" includes a fleet vehicle.
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.204. Remote Sensing Program Component

Sec. 382.204.  REMOTE SENSING PROGRAM COMPONENT.  (a)   The commission and the Department of Public Safety of the State of Texas jointly shall develop a program component for enforcing vehicle emissions testing and standards by use of remote or automatic emissions detection and analysis equipment.
(b)  The program component may be employed in any county designated as a nonattainment area within the meaning of Section 107(d) of the Clean Air Act (42 U.S.C. Section 7407) and its subsequent amendments, in any affected county, or in any county adjacent to an affected county.
(c)  If a vehicle registered in a county adjacent to an affected county is detected under the program component authorized by this section as operating and exceeding acceptable emissions limitations in an affected county, the department shall provide notice of the violation under Section 548.306, Transportation Code.
Added by Acts 1997, 75th Leg., ch. 1069, Sec. 2, eff. June 19, 1997.  Renumbered from Sec. 382.0373 and amended by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.206. Collection of Data; Report

Sec. 382.206.  COLLECTION OF DATA;  REPORT.  (a)  The commission and the Department of Public Safety of the State of Texas may collect inspection and maintenance information derived from the emissions inspection and maintenance program, including:
(1)  inspection results;
(2)  inspection station information;
(3)  information regarding vehicles operated on federal facilities;
(4)  vehicle registration information;  and
(5)  other data the United States Environmental Protection Agency requires.
(b)  The commission shall:
(1)  report the information to the United States Environmental Protection Agency;  and
(2)  compare the information on inspection results with registration information for enforcement purposes.
Added by Acts 1997, 75th Leg., ch. 1069, Sec. 2, eff. June 19, 1997.  Renumbered from Sec. 382.0375 by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.208. Attainment Program

Sec. 382.208.  ATTAINMENT PROGRAM.  (a)  Except as provided by Section 382.202(j) or another provision of this chapter, the commission shall coordinate with federal, state, and local transportation planning agencies to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards and to protect the public from exposure to hazardous air contaminants from motor vehicles.
(b)  Participating agencies include the Texas Department of Transportation and metropolitan planning organizations designated by the governor.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.26, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.158, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 165, Sec. 22(42), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 15.03, eff;  Sept. 1, 2001.  Renumbered from Sec. 382.039 by Acts 2001, 77th Leg., ch;  1075, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10.008(c), eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.211. Local Advisory Panel

Sec. 382.211.  LOCAL ADVISORY PANEL.  (a)  The commissioners court of a participating county may appoint one or more local advisory panels consisting of representatives of automobile dealerships, the automotive repair industry, safety inspection facilities, the public, antique and vintage car clubs, local nonprofit organizations, and locally affected governments to advise the county regarding the operation of the county's low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, including the identification of a vehicle make or model with intrinsic value as an existing or future collectible.
(b)  The commissioners court may delegate all or part of the administrative and financial matters to one or more local advisory panels established under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.212. Emissions Reduction Credit

Sec. 382.212.  EMISSIONS REDUCTION CREDIT.  (a)  In this section, "emissions reduction credit" means an emissions reduction certified by the commission that is:
(1)  created by eliminating future emissions, quantified during or before the period in which emissions reductions are made;
(2)  expressed in tons or partial tons per year;  and
(3)  banked by the commission in accordance with commission rules relating to emissions banking.
(b)  To the extent allowable under federal law, the commission by rule shall authorize:
(1)  the assignment of a percentage of emissions reduction credit to a private, commercial, or business entity that purchases, for accelerated retirement, a qualified vehicle under a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program;
(2)  the transferability of an assigned emissions reduction credit;
(3)  the use of emissions reduction credit by the holder of the credit against any state or federal emissions requirements applicable to a facility owned or operated by the holder of the credit;
(4)  the assignment of a percentage of emissions reduction credit, on the retirement of a fleet vehicle, a vehicle owned or leased by a governmental entity, or a commercial vehicle, to the owner or lessor of the vehicle;  and
(5)  other actions relating to the disposition or use of emissions reduction credit that the commission determines will benefit the implementation of low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs established under Section 382.209.
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.214. Sale of Vehicle With Intent to Defraud

Sec. 382.214.  SALE OF VEHICLE WITH INTENT TO DEFRAUD.  (a)  A person who with intent to defraud sells a vehicle in an accelerated vehicle retirement program established under Section 382.209 commits an offense that is a third degree felony.
(b)  Sale of a vehicle in an accelerated vehicle retirement program includes:
(1)  sale of the vehicle to retire the vehicle under the program;  and
(2)  sale of a vehicle purchased for retirement under the program.
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.215. Sale of Vehicle Not Required

Sec. 382.215.  SALE OF VEHICLE NOT REQUIRED.  Nothing in this subchapter may be construed to require a vehicle that has failed a required emissions test to be sold or destroyed by the owner.
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.216. Incentives for Voluntary Participation in Vehicle Emissions Inspection and Maintenance Program

Sec. 382.216.  INCENTIVES FOR VOLUNTARY PARTICIPATION IN VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM.  The commission, the Texas Department of Transportation, and the Public Safety Commission may, subject to federal limitations:
(1)  encourage counties likely to exceed federal clean air standards to implement voluntary:
(A)  motor vehicle emissions inspection and maintenance programs;  and
(B)  low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs;
(2)  establish incentives for counties to voluntarily implement motor vehicle emissions inspection and maintenance programs and low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs;  and
(3)  designate a county that voluntarily implements a motor vehicle emissions inspection and maintenance program or a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program as a "Clean Air County" and give preference to a county designated as a Clean Air County in any federal or state clean air grant program.
Added by Acts 2001, 77th Leg., ch. 1075, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.218. Required Participation by Certain Counties

Sec. 382.218.  REQUIRED PARTICIPATION BY CERTAIN COUNTIES.  (a)  This section applies only to a county that borders the United Mexican States and in which a municipality with a population of 500,000 or more is located.
(b)  A county that was at any time required, because of the county's designation as a nonattainment area under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), to participate in the vehicle emissions inspection and maintenance program under this subchapter and Subchapter F, Chapter 548, Transportation Code, shall continue to participate in the program even if the county is designated as an attainment area under the federal Clean Air Act.
Added by Acts 2005, 79th Leg., Ch. 958 (H.B. 1611), Sec. 4, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 47, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 99, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter G. Vehicle Emissions › Section 382.219. Purchase of Replacement Vehicle; Automobile Dealerships

Sec. 382.219.  PURCHASE OF REPLACEMENT VEHICLE; AUTOMOBILE DEALERSHIPS.  (a)  An amount described by Section 382.210(a)(2) may be used as a down payment toward the purchase of a replacement vehicle.
(b)  An automobile dealer that participates in the procedures and programs offered by this chapter must be located in the state.  No dealer is required to participate in the procedures and programs provided by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 1.06, eff. June 8, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter H. Vehicle Emissions Programs in Certain Counties › Section 382.301. Definitions

Sec. 382.301.  DEFINITIONS.  In this subchapter:
(1)  "Early action compact" means an agreement entered into before January 1, 2003, by the United States Environmental Protection Agency, the commission, the governing body of a county that is in attainment of the one-hour national ambient air quality standard for ozone but that has incidents approaching, or monitors incidents that exceed, the eight-hour national ambient air quality standard for ozone, and the governing body of the most populous municipality in that county that results in the submission of:
(A)  an early action plan to the commission that the commission finds to be adequate;  and
(B)  a state implementation plan revision to the United States Environmental Protection Agency on or before December 31, 2004, that provides for attainment of the eight-hour national ambient air quality standard for ozone on or before December 31, 2007.
(2)  "Participating county" means a county that is a party to an early action compact.
Added by Acts 2003, 78th Leg., ch. 203, Sec. 1, eff. June 10, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter H. Vehicle Emissions Programs in Certain Counties › Section 382.302. Inspection and Maintenance Program

Sec. 382.302.  INSPECTION AND MAINTENANCE PROGRAM.  (a)  A participating county whose early action plan contains provisions for a motor vehicle emissions inspection and maintenance program and has been found adequate by the commission may formally request the commission to adopt motor vehicle emissions inspection and maintenance program requirements for the county.  The request must be made by a resolution adopted by the governing body of the participating county and the governing body of the most populous municipality in the county.
(b)  After approving a request made under Subsection (a), the commission by resolution may request the Public Safety Commission to establish motor vehicle emissions inspection and maintenance program requirements for the participating county under Subchapter F, Chapter 548, Transportation Code, in accordance with this section and rules adopted under this section.  The motor vehicle emissions inspection and maintenance program requirements for the participating county may include exhaust emissions testing, emissions control devices and systems inspections, or other testing methods that meet or exceed United States Environmental Protection Agency requirements, and a remote sensing component as provided by Section 382.204.  The motor vehicle emissions inspection and maintenance program requirements adopted for the participating county may apply to all or to a defined subset of vehicles described by Section 382.203.
(c)  The commission may assess a fee for a vehicle inspection performed in accordance with a program established under this section.  The fee must be in an amount reasonably necessary to recover the costs of developing, administering, evaluating, and enforcing the participating county's motor vehicle emissions inspection and maintenance program.  An appropriate part of the fee as determined by commission rule may be retained by the station owner, contractor, or operator to recover the cost of performing the inspection and provide for a reasonable margin of profit.
(d)  The incentives for voluntary participation established under Section 382.216 shall be made available to a participating county.
(e)  A participating county may participate in the program established under Section 382.209.
Added by Acts 2003, 78th Leg., ch. 203, Sec. 1, eff. June 10, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter J. Federal Greenhouse Gas Reporting Rule › Section 382.451. Development of Federal Greenhouse Gas Reporting Rule

Sec. 382.451.  DEVELOPMENT OF FEDERAL GREENHOUSE GAS REPORTING RULE.  (a)  The commission and the Railroad Commission of Texas, the Department of Agriculture, and the Public Utility Commission of Texas shall jointly participate in the federal government process for developing federal greenhouse gas reporting requirements and the federal greenhouse gas registry requirements.
(b)  The commission shall adopt rules as necessary to comply with any federal greenhouse gas reporting requirements adopted by the federal government for private and public facilities eligible to participate in the federal greenhouse gas registry.  In adopting the rules, the commission shall adopt and incorporate by reference rules implementing the federal reporting requirements and the federal registry.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 29, eff. September 1, 2009.
Redesignated from Health and Safety Code, Section 382.501 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(29), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter J. Federal Greenhouse Gas Reporting Rule › Section 382.452. Voluntary Actions Inventory

Sec. 382.452.  VOLUNTARY ACTIONS INVENTORY.  The commission shall:
(1)  establish an inventory of voluntary actions taken by businesses in this state or by state agencies since September 1, 2001, to reduce carbon dioxide emissions; and
(2)  work with the United States Environmental Protection Agency to give credit for early action under any federal rules that may be adopted for federal greenhouse gas regulation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 29, eff. September 1, 2009.
Redesignated from Health and Safety Code, Section 382.502 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(29), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter K. Offshore Geologic Storage of Carbon Dioxide › Section 382.501. Definitions

Sec. 382.501.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the School Land Board.
(2)  "Bureau" means the Bureau of Economic Geology at The University of Texas at Austin.
(3)  "Carbon dioxide repository" means an offshore deep subsurface geologic repository for the storage of anthropogenic carbon dioxide.
(4)  "Land commissioner" means the commissioner of the General Land Office.
(5)  "Offshore" has the meaning assigned by Section 27.040, Water Code.
(6)  "Railroad commission" means the Railroad Commission of Texas.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 1, eff. June 9, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter K. Offshore Geologic Storage of Carbon Dioxide › Section 382.502. Rules; Enforcement

Sec. 382.502.  RULES; ENFORCEMENT.  (a)  The railroad commission by rule may adopt standards for the location, construction, maintenance, monitoring, and operation of a carbon dioxide repository.
(b)  If the United States Environmental Protection Agency issues requirements regarding carbon dioxide sequestration, the railroad commission shall ensure that the construction, maintenance, monitoring, and operation of the carbon dioxide repository under this subchapter comply with those requirements.
(c)  Subchapter F, Chapter 27, Water Code, applies to the civil, administrative, or criminal enforcement of a rule adopted by the railroad commission under this section in the same manner as Subchapter F, Chapter 27, Water Code, applies to the civil, administrative, or criminal enforcement of a rule adopted by the railroad commission under Chapter 27, Water Code.
(d)  A penalty collected under this section shall be deposited to the credit of the anthropogenic carbon dioxide storage trust fund established under Section 121.003, Natural Resources Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 2, eff. June 9, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter K. Offshore Geologic Storage of Carbon Dioxide › Section 382.503. Study; Selection of Location

Sec. 382.503.  STUDY; SELECTION OF LOCATION.  (a)  The land commissioner shall contract with the bureau to conduct a study of state-owned offshore submerged land to identify potential locations for a carbon dioxide repository.
(b)  The land commissioner shall recommend suitable sites for carbon dioxide storage to the board based on the findings of the study.
(c)  The board shall make the final determination of suitable locations for carbon dioxide storage.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 1, eff. September 1, 2009.