reglab/statecodes huggingface dataset:
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 6.115. Receivership

Sec. 6.115.  RECEIVERSHIP.  (a)  In this section, "financial assistance program recipient" has the meaning assigned by Section 6.114.
(b)  In addition to the remedies available under Section 6.114, at the request of the board, the attorney general shall bring suit in a district court in Travis County for the appointment of a receiver to collect the assets and carry on the business of a financial assistance program recipient if:
(1)  the action is necessary to cure a default by the recipient; and
(2)  the recipient is not:
(A)  a municipality or county; or
(B)  a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
(c)  The court shall vest a receiver appointed by the court with any power or duty the court finds necessary to cure the default, including the power or duty to:
(1)  perform audits;
(2)  raise wholesale or retail water or sewer rates or other fees;
(3)  fund reserve accounts;
(4)  make payments of the principal of or interest on bonds, securities, or other obligations purchased or acquired by the board; and
(5)  take any other action necessary to prevent or to remedy the default.
(d)  The receiver shall execute a bond in an amount to be set by the court to ensure the proper performance of the receiver's duties.
(e)  After appointment and execution of bond, the receiver shall take possession of the books, records, accounts, and assets of the financial assistance program recipient specified by the court.  Until discharged by the court, the receiver shall perform the duties that the court directs and shall strictly observe the final order involved.
(f)  On a showing of good cause by the financial assistance program recipient, the court may dissolve the receivership.
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 E. Administrative Provisions for the Board › Section 6.151. Audit

Sec. 6.151.  AUDIT.  The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 71, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.152. Public Information Relating to Board

Sec. 6.152.  PUBLIC INFORMATION RELATING TO BOARD.  The board shall prepare information of public interest describing the functions of the board and describing the board's procedures by which complaints are filed with and resolved by the board.  The board shall make the information available to the general public and the appropriate state agencies.
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 E. Administrative Provisions for the Board › Section 6.153. Copies of Documents, Proceedings, Etc

Sec. 6.153.  COPIES OF DOCUMENTS, PROCEEDINGS, ETC.  (a)  Except as otherwise specifically provided in this code and subject to the specific limitations provided in this code, on application of any person, the board shall furnish certified or other copies of any proceeding or other official record or of any map, paper, or document filed with the board.  A certified copy with the seal of the board and the signature of the chairman of the board or the executive administrator is admissible as evidence in any court or administrative proceeding.
(b)  The board shall provide in its rules the fees that will be charged for copies and is authorized to furnish copies, certified or otherwise, to a person without charge when the furnishing of the copies serves a public purpose.  Other statutes concerning fees for copies of records do not apply to the board, except that the fees set by the board for copies prepared by the board shall not exceed those prescribed in Chapter 603, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.169;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(13), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.154. Complaint File

Sec. 6.154.  COMPLAINT FILE.  (a)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to the complaint,  the subject matter of the complaint,  a summary of the results of the review or investigation of the complaint, and the complaint's disposition.
(b)  The board shall make information available describing its procedures for complaint investigation and resolution.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.155. Notice of Complaint

Sec. 6.155.  NOTICE OF COMPLAINT.  The board shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.1555. Referral for Investigation or Enforcement Action

Sec. 6.1555.  REFERRAL FOR INVESTIGATION OR ENFORCEMENT ACTION.  (a)  The board, as the result of a complaint filed with the board or on the board's own motion, may refer an applicant for or recipient of financial assistance from the board to the commission, the state auditor's office, the Texas Rangers, or another state agency, office, or division, as appropriate, for the investigation of, or the initiation of an enforcement action against, the applicant or recipient.
(b)  The executive administrator shall transmit the referral to the appropriate state agency, office, or division, monitor the progress of the investigation or enforcement action, and report to the board on a quarterly basis.
Added by Acts 2005, 79th Leg., Ch. 1063 (H.B. 1462), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.156. Reports to Governor

Sec. 6.156.  REPORTS TO GOVERNOR.  (a)  The board shall make biennial reports in writing to the governor and the members of the legislature.  Each report shall include a statement of the activities of the board and its recommendations for necessary and desirable legislation.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(32), eff. September 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. 1312 (S.B. 59), Sec. 99(32), eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.1565. Application Requirement for Colonias Projects

Sec. 6.1565.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(6), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(6), eff. September 1, 2019.
(d)  Regarding any projects funded by the board that serve colonias by providing water or wastewater services or other assistance, the board shall require an applicant for the funds to submit to the board a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the board may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the board, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 7, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 13, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.15, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.16, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(6), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter E. Administrative Provisions for the Board › Section 6.157. Seal

Sec. 6.157.  SEAL.  The board shall have a seal bearing the words "Texas Water Development Board" encircling the oak and olive branches common to other official seals.
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 F. Executive Administrator › Section 6.181. General Responsibilities

Sec. 6.181.  GENERAL RESPONSIBILITIES.  The executive administrator shall manage the administrative affairs of the board subject to this code and other laws and under the general supervision and direction 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 F. Executive Administrator › Section 6.183. Employment of Personnel

Sec. 6.183.  EMPLOYMENT OF PERSONNEL.  The executive administrator shall employ necessary personnel for the board.  The executive administrator may delegate powers and duties to deputy executive administrators.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 477, 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 F. Executive Administrator › Section 6.184. Administrative Organization

Sec. 6.184.  ADMINISTRATIVE ORGANIZATION.  The executive administrator, with the approval of the board, may organize and reorganize the administrative sections and divisions of the board in a form and manner that will achieve the greatest efficiency and effectiveness.
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 F. Executive Administrator › Section 6.185. Information Request to Commission

Sec. 6.185.  INFORMATION REQUEST TO COMMISSION.  (a)  With regard to any matter pending before the board, the executive administrator may obtain from the commission information relating to that matter.
(b)  On receiving a request from the executive administrator, the commission should make the requested information available within 30 days after the information is requested and shall make the requested information available not later than 90 days after the information is requested.
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 F. Executive Administrator › Section 6.186. Career Ladder Program

Sec. 6.186.  CAREER LADDER PROGRAM.  The executive administrator or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
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 F. Executive Administrator › Section 6.187. Merit Pay

Sec. 6.187.  MERIT PAY.  The executive administrator or his designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for board employees must be based on the system established under this section.
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 F. Executive Administrator › Section 6.188. Equal Employment Opportunity Policy

Sec. 6.188.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive administrator or the executive administrator's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter F. Executive Administrator › Section 6.189. Appearances at Hearings

Sec. 6.189.  APPEARANCES AT HEARINGS.  The position of and information developed by the board may be presented by the executive administrator or his designated representative at hearings of the board and commission and at hearings held by federal, state, and local agencies on matters affecting the public's interest in the state's water resources, including matters that have been determined to be policies of the state.  The board shall be named a party in any hearing before the commission in which the board requests party status.  The board may appeal any ruling, decision, or other act of the commission.
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 F. Executive Administrator › Section 6.190. Contracts

Sec. 6.190.  CONTRACTS.  (a)  The executive administrator, on behalf of the board, may negotiate with and, with the consent of the board, may enter into contracts with the United States or any of its agencies for the purpose of carrying out the powers, duties, and responsibilities of the board.
(b)  The executive administrator, on behalf of the board, may negotiate with and, with the consent of the board, may enter into contracts or other agreements with states and political subdivisions of this state or other entity for the purpose of carrying out the powers, duties, and responsibilities of the board.
(c)  The executive administrator, on behalf of the board, shall obtain the approval of the attorney general as to the legality of a resolution of the board authorizing state ownership in a project.
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 F. Executive Administrator › Section 6.191. Travel Expenses

Sec. 6.191.  TRAVEL EXPENSES.  The executive administrator is entitled to receive actual and necessary travel expenses.  Other employees of the board are entitled to receive travel expenses as provided by the General Appropriations Act.
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 F. Executive Administrator › Section 6.192. Gifts and Grants

Sec. 6.192.  GIFTS AND GRANTS.  The executive administrator may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers and duties provided by this code.
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 F. Executive Administrator › Section 6.193. Employee Moving Expenses

Sec. 6.193.  EMPLOYEE MOVING EXPENSES.  If provided by legislative appropriation, the board may pay the costs of transporting and delivering household goods and effects of employees transferred by the executive administrator from one permanent station to another when, in the judgment of the executive administrator, the transfer will serve the best interest 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 F. Executive Administrator › Section 6.194. Applications and Other Documents

Sec. 6.194.  APPLICATIONS AND OTHER DOCUMENTS.  (a)  An application, petition, or other document requiring action of the board shall be presented to the executive administrator and handled as provided by this code and in the rules of the board.
(b)  After an application, petition, or other document requiring action of the board is processed, it shall be presented to the board for action as required by law and the rules 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 F. Executive Administrator › Section 6.195. Notice of Application

Sec. 6.195.  NOTICE OF APPLICATION.  (a)  At the time an application requiring action of the board is filed and is administratively complete, the board shall give notice of the application to any person who may be affected by the granting of the application.
(b)  The board shall adopt rules for the notice required by this section.
(c)  The notice must state:
(1)  the identifying number given the application by the board;
(2)  the name and address of the applicant;
(3)  the date on which the application was submitted;  and
(4)  a brief summary of the information included in the application.
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 F. Executive Administrator › Section 6.197. Intellectual Property of Board

Sec. 6.197.  INTELLECTUAL PROPERTY OF BOARD.  The executive administrator, with the approval of the board and on the board's behalf, may:
(1)  acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation:
(A)  a patent for the invention or discovery of:
(i)  any new and useful process, machine, manufacture, composition of matter, art, or method;
(ii)  any new use of a known process, machine, manufacture, composition of matter, art, or method; or
(iii)  any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method;
(B)  a copyright for an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device;
(C)  a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the board uses to identify and distinguish the board's goods and services from other goods and services; or
(D)  other evidence of protection or exclusivity issued for intellectual property;
(2)  contract with a person for the reproduction, public performance, display, advertising, marketing, lease, licensing, sale, use, or other distribution of the board's intellectual property;
(3)  obtain under a contract described by Subdivision (2) a royalty, license right, or other appropriate means of securing reasonable compensation or thing of nonmonetary value for the exercise of rights with respect to the board's intellectual property;
(4)  waive, increase, or reduce the amount of compensation or thing of nonmonetary value secured by a contract under Subdivision (3) if the executive administrator, with the approval of the board, determines that the waiver, increase, or reduction will:
(A)  further a goal or mission of the board; and
(B)  result in a net benefit to this state; and
(5)  enforce rules adopted to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 382 (S.B. 616), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter F. Executive Administrator › Section 6.198. Purchase, Donation, and Sale of Promotional Items

Sec. 6.198.  PURCHASE, DONATION, AND SALE OF PROMOTIONAL ITEMS.  (a)  The executive administrator, with the approval of the board and on the board's behalf, may purchase, donate, sell, or contract for the sale of items to promote the programs of the board, including:
(1)  caps or other clothing;
(2)  posters;
(3)  banners;
(4)  calendars;
(5)  books;
(6)  prints; and
(7)  other items as determined by the board.
(b)  The board may use its Internet website to advertise and sell the items described by Subsection (a).
(c)  Money received from the sale of a promotional item under this section shall be deposited in the general revenue fund and may be used only by the board to further the purposes and programs of the board.
(d)  Section 403.095, Government Code, does not apply to money deposited in the general revenue fund under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1008 (H.B. 4110), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 6 - Texas Water Development Board › Subchapter G. Judicial Review › Section 6.241. Judicial Review of Acts

Sec. 6.241.  JUDICIAL REVIEW OF ACTS.  (a)  A person affected by a ruling, order, decision, or other act of the board may file a petition to review, set aside, modify, or suspend the act of the board.
(b)  A person affected by a ruling, order, or decision of the board must file his petition within 30 days after the effective date of the ruling, order, or decision.  A person affected by an act other than a ruling, order, or decision must file his petition within 30 days after the date the board performed the act.
(c)  Orders, decisions, or other actions of the board pursuant to Subchapters E and F of Chapter 16 and to Chapter 17 of this code are not subject to appeal.
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 G. Judicial Review › Section 6.242. Remedy for Board or Executive Administrator Inaction

Sec. 6.242.  REMEDY FOR BOARD OR EXECUTIVE ADMINISTRATOR INACTION.  A person affected by the failure of the board or the executive administrator to act in a reasonable time on an application or to perform any other duty with reasonable promptness may file a petition to compel the board or the executive administrator to show cause why it should not be directed by the court to take immediate action.
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 G. Judicial Review › Section 6.243. Diligent Prosecution of Suit

Sec. 6.243.  DILIGENT PROSECUTION OF SUIT.  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 6.241 or 6.242 of this code.  If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned.  The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.
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 G. Judicial Review › Section 6.244. Venue

Sec. 6.244.  VENUE.  A suit instituted under Section 6.241 or 6.242 of this code must be brought in a district court in Travis County.
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 G. Judicial Review › Section 6.245. Appeal of District Court Judgment

Sec. 6.245.  APPEAL OF DISTRICT COURT JUDGMENT.  A judgment or order of a district court in a suit brought for or against the board or the executive administrator is appealable as are other civil cases in which the district court has original jurisdiction.
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 G. Judicial Review › Section 6.246. Appeal by Executive Administrator Precluded

Sec. 6.246.  APPEAL BY EXECUTIVE ADMINISTRATOR PRECLUDED.  A ruling, order, decision, or other act of the board may not be appealed by the executive administrator.
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 G. Judicial Review › Section 6.247. Law Suits; Citation

Sec. 6.247.  LAW SUITS;  CITATION.  Law suits filed by and against the board or the executive administrator shall be in the name of the board.  In suits against the board or the executive administrator, citation may be served on the executive administrator.
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 7 - Enforcement › Subchapter A. General Provisions › Section 7.001. Definitions

Sec. 7.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "Permit" includes a license, certificate, registration, approval, or other form of authorization.  This definition does not apply to Subchapter G.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.002. Enforcement Authority

Sec. 7.002.  ENFORCEMENT AUTHORITY.  The commission may initiate an action under this chapter to enforce provisions of this code and the Health and Safety Code within the commission's jurisdiction as provided by Section 5.013 of this code and rules adopted under those provisions.  The commission or the executive director may institute legal proceedings to compel compliance with the relevant provisions of this code and the Health and Safety Code and rules, orders, permits, or other decisions of the commission.  The commission may delegate to the executive director the authority to issue an administrative order, including an administrative order that assesses penalties or orders corrective measures, to ensure compliance with the provisions of this code and the Health and Safety Code within the commission's jurisdiction as provided by Section 5.013 of this code and rules adopted under those provisions.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.0025. Initiation of Enforcement Action Using Information Provided by Private Individual

Sec. 7.0025.  INITIATION OF ENFORCEMENT ACTION USING INFORMATION PROVIDED BY PRIVATE INDIVIDUAL.  (a)  The commission may initiate an enforcement action on a matter under its jurisdiction under this code or the Health and Safety Code based on information it receives from a private individual if that information, in the commission's judgment, is of sufficient value and credibility to warrant the initiation of an enforcement action.
(b)  The executive director or the executive director's designated representative may evaluate the value and credibility of information received from a private individual and the merits of any proposed enforcement action based on that information.
(c)  The commission by rule may adopt criteria for the executive director to use in evaluating the value and credibility of information received from a private individual and for use of that information in an enforcement action.
(d)  A private individual who submits information on which the commission relies for all or part of an enforcement case may be called to testify in the enforcement proceedings and is subject to all sanctions under law for knowingly falsifying evidence.  If the commission relies on the information submitted by a private individual to prove an enforcement case, any physical or sampling data must have been collected or gathered in accordance with commission protocols.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.24, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.00251. Initiation of Certain Clean Air Act Enforcement Actions Using Information Provided by a Person

Sec. 7.00251.  INITIATION OF CERTAIN CLEAN AIR ACT ENFORCEMENT ACTIONS USING INFORMATION PROVIDED BY A PERSON.  If the commission determines that there are multiple violations based on information it receives as required by Title V of the federal Clean Air Act (42 U.S.C. Section 7661 et seq.) from a person, as defined in Section 382.003, Health and Safety Code, only those that require initiation of formal enforcement will be included in any proposed enforcement action.  For all other violations that do not require initiation of formal enforcement, the commission may not include in the enforcement action the following:
(1)  violations that are not repeat violations due to the same root cause from two consecutive investigations within the most recent five-year period; or
(2)  violations that have been corrected within the time frame specified by the commission or for which the facility has not had the time specified by the commission to correct the violations.
Added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 6.01, eff. June 8, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.0026. Suspension of Enforcement Action Against Certain Regional Water, Sewer, or Solid Waste Services

Sec. 7.0026.  SUSPENSION OF ENFORCEMENT ACTION AGAINST CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES.  (a)  In this section, "retail public utility" has the meaning assigned by Section 13.002.
(b)  If a water supply, sewer, wastewater treatment, or solid waste disposal service operated by or for a municipality or county is being integrated into a regional water supply, sewer, wastewater treatment, or solid waste disposal service, the commission may enter into a compliance agreement with the regional service under which the commission will not initiate an enforcement action against the regional service for existing or anticipated violations resulting from the operation by the regional service of the service being integrated.  A compliance agreement under this section must include provisions necessary to bring the service being integrated into compliance.
(c)  If a water supply, sewer, or wastewater treatment service operated by a retail public utility, other than a municipality or county, is being integrated into a regional water supply, sewer, or wastewater treatment service administered by another entity, the commission may enter into a compliance agreement with the regional service under which the commission will not initiate an enforcement action against the regional service for existing or anticipated violations resulting from the operation by the regional service of the service being integrated.  A compliance agreement under this section must include provisions necessary to bring the service being integrated into compliance.
(d)  This section does not prohibit the commission from initiating an enforcement action against a regional service that is a party to a compliance agreement if the regional service does not substantially comply with the agreement.
Added by Acts 2003, 78th Leg., ch. 1115, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1014 (H.B. 3232), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.003. Enforcement Report

Sec. 7.003.  ENFORCEMENT REPORT.  (a)  The commission shall report at least once each month on enforcement actions taken by the commission or others and the resolution of those actions.
(b)  The report shall be an item for commission discussion at a meeting of the commission for which public notice is given.
(c)  If an enforcement action involves a suit filed for injunctive relief or civil penalties, or both, the report shall state the actual or projected time for resolution of the suit.  A copy of the report and of the minutes of the meeting reflecting commission action relating to the report shall be filed with the governor and the attorney general.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.004. Remedies Cumulative

Sec. 7.004.  REMEDIES CUMULATIVE.  The remedies under this chapter are cumulative of all other remedies.  Nothing in this chapter affects the right of a private corporation or individual to pursue any available common law remedy to abate a condition of pollution or other nuisance, to recover damages to enforce a right, or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.005. Effect on Other Law

Sec. 7.005.  EFFECT ON OTHER LAW.  This chapter does not exempt a person from complying with or being subject to other law.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter A. General Provisions › Section 7.006. Enforcement Policies

Sec. 7.006.  ENFORCEMENT POLICIES.  (a)  The commission by rule shall adopt a general enforcement policy that describes the commission's approach to enforcement.
(b)  The commission shall assess, update, and publicly adopt specific enforcement policies regularly, including policies regarding the calculation of penalties and deterrence to prevent the economic benefit of noncompliance.
(c)  The commission shall make the policies available to the public, including by posting the policies on the commission's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.09, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter B. Corrective Action and Injunctive Relief › Section 7.031. Corrective Action Relating to Hazardous Waste

Sec. 7.031.  CORRECTIVE ACTION RELATING TO HAZARDOUS WASTE.  (a)  The commission shall require corrective action for a release of hazardous waste or hazardous waste constituents from a solid waste management unit at a solid waste processing, storage, or disposal facility that is required to obtain a permit for the management of hazardous waste and whose permit is issued after November 8, 1984, regardless of when the waste is placed in the unit.
(b)  The commission shall establish schedules for compliance for the corrective action if the corrective action cannot be completed before permit issuance and shall require assurances of financial responsibility for completing the corrective action.
(c)  If the commission determines that there is or has been a release of hazardous waste into the environment from a facility required to obtain a permit in accordance with an approved state program under Section 3006 of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), the commission may:
(1)  issue an order requiring corrective action or other response measures considered necessary to protect human health or the environment;  or
(2)  institute a civil action under Subchapter D.
(d)  An order issued under this section:
(1)  may include a suspension or revocation of authorization to operate;
(2)  must state with reasonable specificity the nature of the required corrective action or other response measure;  and
(3)  must specify a time for compliance.
(e)  If a person named in the order does not comply with the order, the commission may assess an administrative penalty or seek a civil penalty in accordance with this chapter.
(f)  Nothing in this section limits the authority of the commission, consistent with federal law, to issue an order for the closure, post-closure care, or other remediation of hazardous waste or hazardous waste constituents from a solid waste management unit at a solid waste processing, storage, or disposal facility.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 9.07, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter B. Corrective Action and Injunctive Relief › Section 7.032. Injunctive Relief

Sec. 7.032.  INJUNCTIVE RELIEF.  (a)  The executive director may enforce a commission rule or a provision of a permit issued by the commission by injunction or other appropriate remedy.
(b)  If it appears that a violation or threat of violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute has occurred or is about to occur, the executive director may have a suit instituted in district court for injunctive relief to restrain the violation or threat of violation.
(c)  The suit may be brought in the county in which the defendant resides or in the county in which the violation or threat of violation occurs.
(d)  In a suit brought under this section to enjoin a violation or threat of violation described by Subsection (b), the court may grant the commission, without bond or other undertaking, any prohibitory or mandatory injunction the facts may warrant, including a temporary restraining order and, after notice and hearing, a temporary injunction or permanent injunction.
(e)  On request of the executive director, the attorney general or the prosecuting attorney in a county in which the violation occurs shall initiate a suit in the name of the state for injunctive relief.  The suit may be brought independently of or in conjunction with a suit under Subchapter D.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter B. Corrective Action and Injunctive Relief › Section 7.033. Recovery of Security for Chapter 401, Health and Safety Code, Violation

Sec. 7.033.  RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND SAFETY CODE, VIOLATION.  The commission shall seek reimbursement, either by a commission order or by a suit filed under Subchapter D by the attorney general at the commission's request, of security from the radiation and perpetual care account used by the commission to pay for actions, including corrective measures, to remedy spills or contamination by radioactive material resulting from a violation of Chapter 401, Health and Safety Code, relating to an activity under the commission's jurisdiction or a rule adopted or a license, registration, or order issued by the commission under that chapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 580, Sec. 12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1067, Sec. 23, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter B. Corrective Action and Injunctive Relief › Section 7.034. Deferral of Penalty for Certain Utility Facilities

Sec. 7.034.  DEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES.  (a)  In this section:
(1)  "District" means any district or authority created under either Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, regardless of how created.  The term "district" shall not include any navigation district or port authority created under general or special law or any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that Chapter 49 applies to the district.
(2)  "Municipally owned utility" and "water supply or sewer service corporation" have the meanings assigned by Section 13.002.
(b)  The commission may allow a municipally owned utility, a water supply or sewer service corporation, or a district to defer the payment of all or part of an administrative penalty imposed under Subchapter C for a violation on the condition that the entity complies with all provisions for corrective action in a commission order to address the violation.
(c)  In determining whether deferral of a penalty under this section is appropriate, the commission shall consider the factors to be considered under Section 7.053 and the following factors:
(1)  the financial position of the entity and its ability to reasonably pay the costs of corrective action under the terms of a commission order;
(2)  risks to public health and the environment of any delay in addressing the corrective actions as a result of limited financial resources;
(3)  alternatives reasonably available to the entity for paying both the costs of corrective action and the penalty; and
(4)  potential effects of the payment of the penalty on other essential public health and safety services for which the entity is responsible.
(d)  At the discretion of the commission, any penalty deferred under this section becomes due and payable on a commission determination that the entity is not in compliance with a provision for corrective action in a commission order to address the violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1005 (H.B. 147), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter B. Corrective Action and Injunctive Relief › Section 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities

Sec. 7.035.  INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN TREATMENT FACILITIES.  (a)  Except as provided by Subsection (b), if the commission determines that a treatment facility that handles waste and wastewater from humans or household operations is operating without a permit required by the commission, the commission shall:
(1)  issue an order:
(A)  enjoining further operation of the facility until the commission issues the required permit; and
(B)  imposing an administrative penalty under this chapter; or
(2)  institute a civil action under Subchapter D to:
(A)  enjoin further operation of the facility until the commission issues the required permit; and
(B)  impose a civil penalty.
(b)  If the commission determines there is no feasible alternative treatment or disposal option for the wastewater being sent to the treatment facility, including the option of hauling the wastewater to a permitted facility, the commission is not required to enjoin the operation of the facility under Subsection (a) and may impose other applicable penalties under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 806 (H.B. 3264), Sec. 2, eff. June 17, 2015.