reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.049. Payment of Penalty; Refund

Sec. 29.049.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of an order finding that a violation has occurred, the railroad commission shall inform the permittee and any other person charged within 30 days of the amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:
(1)  pay the penalty in full;  or
(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  forward the amount to the railroad commission for placement in an escrow account;  or
(B)  in lieu of payment into escrow, post a supersedeas bond with the railroad commission under the following conditions.  If the decision or order being appealed is the first final railroad commission decision or order assessing any administrative penalty against the person, the railroad commission shall accept a supersedeas bond.  In the case of appeal of any subsequent decision or order assessing any administrative penalty against the person, regardless of the finality of judicial review of any previous decision or order, the railroad commission may accept a supersedeas bond.  Each supersedeas bond shall be for the amount of the penalty and in a form approved by the railroad commission and shall stay the collection of the penalty until all judicial review of the decision or order is final.
(c)  If through judicial review of the decision or order it is determined that no violation occurred or that the amount of the penalty should be reduced or not assessed, the railroad commission shall, within the 30-day period immediately following that determination, if the penalty has been paid to the railroad commission, remit the appropriate amount to the person, with accrued interest, or where a supersedeas bond has been posted, the railroad commission shall execute a release of such bond.
(d)  Failure to forward the money to the railroad commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.
(e)  Judicial review of the order or decision of the railroad commission assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with the district court of Travis County, Texas, and not elsewhere, as provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff. Aug. 29, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), (59), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.050. Recovery of Penalty

Sec. 29.050.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 29.047-29.049 of this code may be recovered in a civil action brought by the attorney general at the request of the railroad commission.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff. Aug. 29, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter E. Civil Enforcement › Section 29.051. Civil Penalty

Sec. 29.051.  CIVIL PENALTY.  (a)  A person who violates this chapter, a rule or order of the railroad commission adopted under this chapter, or a term, condition, or provision of a permit issued under this chapter, is subject to a civil penalty of not to exceed $10,000 for each offense.  Each day a violation is committed is a separate offense.
(b)  An action to recover the penalty under Subsection (a) of this section may be brought by the railroad commission in any court of competent jurisdiction in the county in which the offending activity occurred, in which the defendant resides, or in Travis County.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter E. Civil Enforcement › Section 29.052. Injunction

Sec. 29.052.  INJUNCTION.  The railroad commission may enforce this chapter, a valid rule or order made under this chapter, or a term or condition of a permit issued by the railroad commission under this chapter by injunction or other appropriate remedy.  The action may be brought in a court of competent jurisdiction in the county in which the offending activity has occurred, in which the defendant resides, or in Travis County.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter E. Civil Enforcement › Section 29.053. Procedure

Sec. 29.053.  PROCEDURE.  (a)  At the request of the railroad commission, the attorney general shall institute and conduct a suit in the name of the state for injunctive relief or other appropriate remedy or to recover a civil penalty as provided by Section 29.051 or 29.052 of this code or for both injunctive relief or other appropriate remedy and recovery of a civil penalty.
(b)  A party to a suit may appeal from a final judgment as in other civil cases.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter A. General Provisions › Section 30.001. Short Title

Sec. 30.001.  SHORT TITLE.  This chapter may be cited as the Regional Waste Disposal Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter A. General Provisions › Section 30.002. Purpose

Sec. 30.002.  PURPOSE.  The purpose of this chapter is to authorize public agencies to cooperate for the safe and economical collection, transportation, treatment, and disposal of waste in order to prevent and control pollution of water in the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter A. General Provisions › Section 30.004. Cumulative Effect of Chapter

Sec. 30.004.  CUMULATIVE EFFECT OF CHAPTER.  (a)  This chapter is cumulative of other statutes governing the Texas Water Development Board and the Texas Natural Resource Conservation Commission relating to:
(1)  the issuance of bonds;
(2)  the collection, transportation, treatment, or disposal of waste;  and
(3)  the design, construction, acquisition, or approval of facilities for these purposes.
(b)  The powers granted to districts and public agencies by this chapter are additional to and cumulative of the powers granted by other laws.  This chapter is full authority for any district or public agency to enter into contracts authorized by it and for any district to authorize and issue bonds under its provisions without reference to the provisions of any other law or charter.  No other law or charter provision which limits, restricts, or imposes additional requirements on matters authorized by this chapter shall apply to any action or proceeding under this chapter unless expressly provided to the contrary in this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.134, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.069, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.302, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter A. General Provisions › Section 30.005. Construction of Chapter

Sec. 30.005.  CONSTRUCTION OF CHAPTER.  The terms and provisions of this chapter shall be liberally construed to accomplish its purposes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.021. Disposal System

Sec. 30.021.  DISPOSAL SYSTEM.  A district may acquire, construct, improve, enlarge, extend, repair, operate, and maintain one or more disposal systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.022. Purchase and Sale of Facilities

Sec. 30.022.  PURCHASE AND SALE OF FACILITIES.  A district may contract with any person to purchase or sell by installments over such term as considered desirable any waste collection, transportation, treatment, or disposal facilities or systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.023. Lease of Facilities

Sec. 30.023.  LEASE OF FACILITIES.  A district may lease to or from any person for such term and on such conditions as may be considered desirable any waste collection, transportation, treatment, or disposal facilities or systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.024. Operating Agreements

Sec. 30.024.  OPERATING AGREEMENTS.  A district may make operating agreements with any person for such terms and on such conditions as may be considered desirable for the operation of any waste collection, transportation, treatment, or disposal facilities or systems of any person by the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.025. Waste Disposal Contracts by District

Sec. 30.025.  WASTE DISPOSAL CONTRACTS BY DISTRICT.  A district may make contracts with any person, including any public agency located inside or outside the boundaries of the district, under which the district will collect, transport, treat, or dispose of waste for the person.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.026. Contracts by River Authority

Sec. 30.026.  CONTRACTS BY RIVER AUTHORITY.  Each river authority may make contracts authorized by this chapter with any person, including any public agency situated wholly or partly inside its boundaries and any public agency situated wholly or partly inside the river basin and any public agency situated wholly or partly inside the coastal basins adjoining its boundaries, but a river authority may not make contracts to serve a public agency situated wholly inside the boundaries of another river authority or to serve facilities of a person situated wholly within the boundaries of another river authority, except with the consent of the other river authority.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.027. Contract With Public Agency

Sec. 30.027.  CONTRACT WITH PUBLIC AGENCY.  A public agency may make contracts with a district under which the district will make a disposal system available to the public agency and will furnish waste collection, transportation, treatment, and disposal services to the public agency, group of public agencies, or other persons through the district's disposal system.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.028. Contract Provisions

Sec. 30.028.  CONTRACT PROVISIONS.  (a)  The contract may provide for:
(1)  duration of the contract for a specified period or until issued and unissued bonds and refunding bonds of the district are paid;
(2)  assuring equitable treatment of parties who contract with the district for waste collection, transportation, treatment, and disposal services from the same disposal system;
(3)  requiring the public agency to regulate the quality and strength of waste to be handled by the disposal system;
(4)  sale or lease to or use by a district of all or part of a disposal system owned or to be acquired by the public agency;
(5)  the district operating all or part of a disposal system owned or to be acquired by the public agency;  and
(6)  other terms the district or the governing body of the public agency consider appropriate or necessary.
(b)  The contract shall specify the method for determining the amounts to be paid by the public agency to the district.
(c)  A contract made by a city may provide that the district shall have the right to use the streets, alleys, and public ways and places inside the city during the term of the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.029. Continued Use of District Facilities

Sec. 30.029.  CONTINUED USE OF DISTRICT FACILITIES.  After amortization of the district's investment in the disposal system, the public agency is entitled to continued performance of the service during the useful life of the disposal system, on payment of reasonable charges reduced to take into consideration the amortization.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.030. Source of Contract Payments

Sec. 30.030.  SOURCE OF CONTRACT PAYMENTS.  (a)  A public agency may pay for the waste collection, transportation, treatment, and disposal services with income from its waterworks system, sanitary sewer system, or both systems, or its combined water and sanitary sewer system, as prescribed by the contract.  In the alternative, a joint board defined as a public agency in Section 30.003, Subdivision (3), may pay for these services from any revenue or other funds within its control specified in the contract if the city councils of the cities which created the joint board approve, by ordinance, the contract between the joint board and the district.  These payments constitute an operating expense of each system whose revenue is so used.
(b)  The obligation of contract payments on the income of the public agency's water system is subordinate to the obligation imposed by any bonds that are payable solely from the water system net revenue and that are outstanding at the time the contract is made, unless the ordinance or resolution authorizing the bonds expressly reserved the right to give the contract payments a priority over the bond requirements.
(c)  If a public agency having taxing power holds an election substantially according to the applicable provisions of Chapter 1251, Government Code, relating to the issuance of bonds by cities and it is determined that the public agency is authorized to levy an ad valorem tax to make all or part of the payments under a contract with a district, then the contract is an obligation against the taxing power of the public agency to the extent authorized, and payments under the contract may be payable from and constitute solely an obligation against the taxing powers of the city or may be payable both from taxes and from revenue prescribed in the contract.  Otherwise, neither the district nor the holders of the district's bonds are entitled to demand payment of the public agency's obligation out of any tax revenue.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.419, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.031. Rates

Sec. 30.031.  RATES.  (a)  When all or part of the payments under a contract are to be made from revenue of the waterworks system, sanitary sewer system, both systems, or a combination of both systems, the public agency shall establish, maintain, and periodically adjust the rates charged for services of the systems, so that the revenue, along with any taxes levied in support of the indebtedness, will be sufficient to pay:
(1)  the expenses of operating and maintaining the systems;
(2)  the obligations to the district under the contract;  and
(3)  the obligations of bonds that are secured by revenue of the systems.
(b)  The contract may require the use of consulting engineers and financial experts to advise the public agency on the need for adjusting rates.
(c)  Notwithstanding any provision of this chapter or any other law to the contrary, a district may use the proceeds of bonds issued for the purpose of constructing a waste disposal system or systems, and payable wholly or in part from ad valorem taxes, for the purchase of capacity in, or a right to have the wastes of the district treated in, a waste collection, treatment, or disposal system and facilities owned or to be owned exclusively or in part by another public agency, and a district may issue bonds payable wholly or in part from ad valorem taxes specifically for such purpose if a majority of the resident electors of the district have authorized the governing body of the district to issue bonds for that purpose or for the purpose of constructing a waste disposal system or systems.  The bonds shall be issued in accordance with the provisions of, and shall be subject to the same terms and conditions of, the laws authorizing the district to issue bonds for the purpose of constructing waste collection, treatment, and disposal systems, except as otherwise provided in this subsection.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.032. Service to More Than One Public Agency

Sec. 30.032.  SERVICE TO MORE THAN ONE PUBLIC AGENCY.  A contract or group of contracts may provide for the district to render services concurrently to more than one person through constructing and operating a disposal system and may provide that the cost of these services be allocated among the persons as provided in the contract or group of contracts.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.033. Property Acquired by Condemnation or Otherwise

Sec. 30.033.  PROPERTY ACQUIRED BY CONDEMNATION OR OTHERWISE.  (a)  To accomplish the purposes of this chapter, a district may acquire by purchase, lease, gift, or in any other manner all or any interest in property inside or outside the boundaries of the district and may own, maintain, use, and operate it.
(b)  To accomplish the purposes of the chapter, a district may exercise the power of eminent domain to acquire all or any interest in property inside or outside the boundaries of the district.  The power shall be exercised according to the laws applicable or available to the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.034. Cost of Relocating, Altering, Etc

Sec. 30.034.  COST OF RELOCATING, ALTERING, ETC.  If a district makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission line, pipeline, or telephone or telegraph properties or facilities in the exercise of powers granted under this chapter, the district shall pay all of the actual cost of the relocating, raising, rerouting, changing in grade, or altering of construction and shall pay all of the actual cost of providing comparable replacement of facilities without enhancement, less the net salvage value of the facilities.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter B. Regional Waste Disposal Systems › Section 30.035. Elections

Sec. 30.035.  ELECTIONS.  No election is required for the exercise of any power under this chapter except for the tax levy as provided by Section 30.030(c) of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.051. Issuance of Bonds

Sec. 30.051.  ISSUANCE OF BONDS.  In order to acquire, construct, improve, enlarge, extend, or repair disposal systems, the district may issue bonds secured by a pledge of all or part of the revenue from any contract entered into under this chapter and other income of the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.052. Form, Denomination, Interest Rate

Sec. 30.052.  FORM, DENOMINATION, INTEREST RATE.  The governing body of the district shall prescribe the form, denomination, and rate of interest for the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.053. Refunding Bonds

Sec. 30.053.  REFUNDING BONDS.  A district may refund any bonds issued under this chapter on the terms and conditions and at the rate of interest the governing body prescribes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.054. Sale or Exchange of Bonds

Sec. 30.054.  SALE OR EXCHANGE OF BONDS.  A district may sell bonds issued under this chapter at public or private sale at the price or prices and on the terms determined by the governing body, or it may exchange the bonds for property or any interest in property of any kind considered necessary or convenient to the purposes authorized in this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.055. Interim Bonds

Sec. 30.055.  INTERIM BONDS.  Pending the issuance of definitive bonds, a district may issue negotiable interim bonds or obligations eligible for exchange or substitution by use of definitive bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.056. Attorney General's Examination

Sec. 30.056.  ATTORNEY GENERAL'S EXAMINATION.  (a)  After issuance of the bonds is authorized, the bonds and the record relating to their issuance may be submitted to the attorney general for examination.
(b)  When the bonds recite that they are secured by a pledge of the proceeds from a contract between the district and a public agency, a copy of the contract and the proceedings of the public agency authorizing the contract may also be submitted to the attorney general.
(c)  If the attorney general finds that the bonds are authorized and that the contract is made in accordance with the constitution and laws of this state, he shall approve the bonds and the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.057. Registration by Comptroller

Sec. 30.057.  REGISTRATION BY COMPTROLLER.  After the bonds have been approved by the attorney general, they shall be registered by the state comptroller.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.058. Validation Suit

Sec. 30.058.  VALIDATION SUIT.  (a)  Instead of or in addition to obtaining the approval of the attorney general, the district may have the bonds validated by suit in the district court as provided in Chapter 1205, Government Code.
(b)  The governing body of the district may wait until after termination of the validation suit to fix the interest rate and sale price of the bonds.
(c)  If the proposed bonds recite that they are secured by the proceeds of a contract between the district and a public agency, the petition shall so allege, and the notice of the suit shall mention this allegation and shall specify the public agency's funds or revenues from which the contract payments are to be made.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.420, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.059. Bonds Incontestable

Sec. 30.059.  BONDS INCONTESTABLE.  After the bonds are approved by the attorney general and registered with the comptroller, the bonds and the contract are incontestable.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.060. Negotiable Instruments

Sec. 30.060.  NEGOTIABLE INSTRUMENTS.  Bonds issued under this subchapter are negotiable instruments.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.061. Investment Securities Under Uniform Commercial Code

Sec. 30.061.  INVESTMENT SECURITIES UNDER UNIFORM COMMERCIAL CODE.  Bonds issued under this subchapter are investment securities governed by Chapter 8, Uniform Commercial Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.062. Bonds as Authorized Investments

Sec. 30.062.  BONDS AS AUTHORIZED INVESTMENTS.  Bonds issued under this chapter are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking funds of cities, towns, villages, school districts, and other political corporations or subdivisions of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.063. Security for Deposits

Sec. 30.063.  SECURITY FOR DEPOSITS.  The bonds are eligible to secure deposits of any public funds of the state or any political subdivision of the state and are lawful and sufficient security for the deposits to the extent of their value when accompanied by unmatured coupons attached to the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.064. Funds Set Aside From Bond Proceeds

Sec. 30.064.  FUNDS SET ASIDE FROM BOND PROCEEDS.  The district may set aside out of the proceeds from the sale of bonds:
(1)  interest to accrue on the bonds and administrative expenses to the estimated date when the disposal system will become revenue producing;  and
(2)  reserve funds created by the resolution authorizing the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.065. Investment of Proceeds

Sec. 30.065.  INVESTMENT OF PROCEEDS.  Pending their use, proceeds from the sale of bonds may be invested in securities or time deposits as specified in the resolution authorizing the issuance of the bonds or the trust indenture securing the bonds.  The earnings on these investments shall be applied as provided in the resolution or trust indenture.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter C. District Revenue Bonds › Section 30.066. Rates and Charges

Sec. 30.066.  RATES AND CHARGES.  While any bonds are outstanding, the governing body of the district shall fix, maintain, and collect for services furnished or made available by the disposal system rates and charges adequate to:
(1)  pay maintenance and operating costs of and expenses allocable to the disposal system;
(2)  pay the principal of and interest on the bonds;  and
(3)  provide and maintain the funds created by the resolution authorizing the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter D. River Authority Planning › Section 30.101. Authorization of Regional Plans

Sec. 30.101.  AUTHORIZATION OF REGIONAL PLANS.  Each river authority may prepare regional plans for water quality management, control, and abatement of pollution in any segment of its river basin and adjoining coastal basins which:
(1)  are consistent with any applicable water quality standards established under current law within the river basin;
(2)  recommend disposal systems which will provide the most effective and economical means of collection, storage, treatment, and purification of waste, and means to encourage rural, municipal, and industrial use of the works and systems;  and
(3)  recommend maintenance and improvement of water quality standards within the river basin and methods of adequately financing the facilities necessary to implement the plan.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter D. River Authority Planning › Section 30.102. Planning in Related Fields

Sec. 30.102.  PLANNING IN RELATED FIELDS.  River authorities may conduct planning in related or affected fields reasonably necessary to give meaning to the water quality management and pollution control planning carried out under this subchapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter D. River Authority Planning › Section 30.103. Joint Planning

Sec. 30.103.  JOINT PLANNING.  (a)  River authorities may join in the performance of planning functions with any district or public agency and enter into planning agreements for the term and on the conditions considered desirable to provide coordinated planning on a basin-wide scale, including adjacent coastal basins.
(b)  River authorities may provide for river basin planning committees as entities with powers, responsibilities, functions, and duties conferred by mutual agreement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter D. River Authority Planning › Section 30.104. Coordination With Other Planning Agencies

Sec. 30.104.  COORDINATION WITH OTHER PLANNING AGENCIES.  A river authority performing planning functions under this subchapter shall coordinate its efforts and cooperate with other public planning agencies having significant planning interests in any segment of the river basin in or for which the planning is being conducted by the river authority.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Sec. 30.105.  FINANCIAL ASSISTANCE.  River authorities may make applications and enter into contracts for financial assistance in comprehensive planning which are appropriate under Section 3(c) of the Federal Water Pollution Control Act, as amended under 33 U.S.C. Section 1926 et seq., under 40 U.S.C. Section 461 et seq., and under any other relevant statutes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 30 - Regional Waste Disposal › Subchapter D. River Authority Planning › Section 30.106. Supervision by Texas Natural Resource Conservation Commission

Sec. 30.106.  SUPERVISION BY TEXAS NATURAL RESOURCE CONSERVATION COMMISSION.  The Texas Natural Resource Conservation Commission is authorized to exercise continuing supervision on behalf of the state of comprehensive plans prepared under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.135, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.070, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.002. Applicability

Sec. 31.002.  APPLICABILITY.  This chapter does not apply to:
(1)  subsurface excavations conducted under Chapters 52 and 53 of the Natural Resources Code if the commissioner of the General Land Office determines that the subsurface excavation does not adversely affect water as defined by this chapter; or
(2)  facilities or activities covered by Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.003. Permit From Commission

Sec. 31.003.  PERMIT FROM COMMISSION.  A person desiring to drill, excavate, or otherwise construct a subsurface excavation may not begin construction without first obtaining a permit for the work from the commission.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.004. Application for Permit

Sec. 31.004.  APPLICATION FOR PERMIT.  The commission shall prescribe forms for a permit application and shall make the forms available on request without charge.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.005. Information Required of Applicant

Sec. 31.005.  INFORMATION REQUIRED OF APPLICANT.  An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.006. Contents of Permit Application

Sec. 31.006.  CONTENTS OF PERMIT APPLICATION.  (a)  The executive director shall set the requirements for the permit application after determining the local conditions and potential or probable effect of the subsurface excavations on water in the state.
(b)  The permit application must include plans for:
(1)  setting of any casing, liners, and seals for the shaft and underground workings;
(2)  ground movement control, including subsidence, strata and roof control, and shaft pillar dimensions;
(3)  water inflow management;
(4)  spoils and industrial waste management, including plans for the management of the surface storage of spoils or industrial waste in a manner that will not harm adjacent surface property if the adjacent property is used for agricultural purposes;
(5)  mitigation and monitoring of water pollution; and
(6)  restoration, closure, and decommissioning of the subsurface excavations.
(c)  The permit application may include additional requirements as determined by the executive director.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.007. Application Fee

Sec. 31.007.  APPLICATION FEE.  With each application for a permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the commission for processing the application.  The fee may not be less than $1,000.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.008. Hearing on Permit Application

Sec. 31.008.  HEARING ON PERMIT APPLICATION.  (a)  The commission may hold an adjudicatory hearing on the application.
(b)  The commission by rule shall provide for giving notice of a public hearing on a permit application.  The rules for notice must include provisions for giving notice to local governments and interested persons.
(c)  A hearing held under Subsection (a) of this section shall be conducted in accordance with rules for contested cases under Chapter 2001, Government Code.  A person shall be allowed to participate in a hearing as a party under this section on a showing of sufficient interest or of an ability to contribute to the resolution of relevant issues.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.009. Delegation of Hearing Powers

Sec. 31.009.  DELEGATION OF HEARING POWERS.  (a)  The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject on which the commission may hold a hearing.
(b)  The commission may also authorize the chief administrative law judge to delegate to one or more administrative law judges the authority to hold a hearing the chief administrative law judge calls.
(c)  At a hearing called under this section, the chief administrative law judge or the administrative law judge to whom a hearing is delegated may administer oaths and receive evidence.
(d)  The individual or individuals holding a hearing under the authority of this section shall report the hearing in the manner prescribed by the commission.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 106, Sec. 5, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.010. Rules

Sec. 31.010.  RULES.  (a)  The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter.
(b)  Rules adopted under this section shall be published as proposed rules, as prescribed by Chapter 2001, Government Code.
(c)  A permit may not be issued by the commission under this chapter and a permit hearing may not be held on a permit application until the commission has adopted rules for the issuance of permits.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.011. Pending Litigation

Sec. 31.011.  PENDING LITIGATION.  The commission may refuse to accept a permit application or hold a permit application hearing if any aspect of the siting, construction, use, or decommissioning of the subsurface excavation is the subject of litigation.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.012. Issuance of Permit

Sec. 31.012.  ISSUANCE OF PERMIT.  (a)  The commission may grant an application in whole or part and may issue the permit if it finds that:
(1)  the construction or use of the subsurface excavation is in the public interest and that after consideration of all alternative sites there is a public need for construction of the subsurface excavation at the location for which the application is made;
(2)  existing rights, including mineral rights, water rights, and adjacent surface rights, are not impaired;
(3)  any surface storage of spoils or industrial waste will not harm adjacent surface property used for agricultural purposes;
(4)  with proper safeguards, both groundwater and surface water can be adequately protected from pollution; and
(5)  the applicant has made a satisfactory showing of financial responsibility if required by Section 31.018(b) of this code.
(b)  In the permit the commission shall impose terms and conditions reasonably necessary to protect all water from pollution.
(c)  In the permit the commission shall impose terms and conditions for final closure of surface facilities, plugging and sealing of the subsurface excavations, management of spoils and industrial waste, and ground movement control measures reasonably necessary to protect all water penetrated from pollution.
(d)  The use of a subsurface excavation for a purpose other than one stated in the permit is prohibited.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.013. Performance Standards

Sec. 31.013.  PERFORMANCE STANDARDS.  (a)  The commission shall adopt rules and performance standards to govern the granting of permits under this chapter and may impose additional requirements it considers necessary.
(b)  A permit issued under this chapter must require that the subsurface construction and operations meet all applicable performance standards of this chapter and performance standards adopted by the commission relating to:
(1)  construction, operation, closure, and decommissioning;
(2)  casings, liners, and seals for subsurface excavations;
(3)  water inflow management and disposal;
(4)  ground movement control;
(5)  roof control and shaft pillar dimensions; and
(6)  spoils and industrial waste management and disposal.
(c)  The permittee shall provide records as required by the executive director to indicate compliance with Subsections (a) and (b) of this section.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.014. Additional Permit Considerations

Sec. 31.014.  ADDITIONAL PERMIT CONSIDERATIONS.  When determining the terms and conditions of the permit, the commission shall consider:
(1)  known and expected geological and hydrological conditions and relationships;
(2)  present and future economic development in the area;  and
(3)  present and future demand for the use of fresh water in the locality.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.015. Environmental Report

Sec. 31.015.  ENVIRONMENTAL REPORT.  If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the subsurface excavation construction, operation, closure, or decommissioning is required by any federal or state agency before approval to construct the subsurface excavation, the environmental document, along with evidence of the needed approvals that have been granted, must be submitted to the commission as part of the permit application, and the commission shall make the environmental document available for public review and comment for a period of not less than 30 days before the application for the permit is considered.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.