reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.1771. Coordination of Complaint Investigations With Local Enforcement Officials: Training

Sec. 5.1771.  COORDINATION OF COMPLAINT INVESTIGATIONS WITH LOCAL ENFORCEMENT OFFICIALS:  TRAINING.  (a)  The commission shall share information regarding a complaint about a matter within the commission's regulatory jurisdiction made to the commission with local officials with authority to act on the complaint in the county or municipality in which the alleged action or omission that is the subject of the complaint occurred or is threatening to occur.
(b)  On request, the commission shall provide training for local enforcement officials in investigating complaints and enforcing environmental laws relating to matters under the commission's jurisdiction under this code or the Health and Safety Code.  The training must include, at a minimum:
(1)  procedures for local enforcement officials to use in addressing citizen complaints if the commission is unavailable or unable to respond to the complaint;  and
(2)  an explanation of local government authority to enforce state laws and commission rules relating to the environment.
(c)  The commission may charge a reasonable fee for providing training to local enforcement officials as required by Subsection (b) in an amount sufficient to recover the costs of the training.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.16, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.1772. After-Hours Response to Complaints

Sec. 5.1772.  AFTER-HOURS RESPONSE TO COMPLAINTS.  (a)  The commission shall adopt and implement a policy to provide timely response to complaints during periods outside regular business hours.
(b)  This section does not:
(1)  require availability of field inspectors for response 24 hours a day, seven days a week, in all parts of the state;  or
(2)  authorize additional use of overtime.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.16, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.1773. Complaint Assessment

Sec. 5.1773.  COMPLAINT ASSESSMENT.  (a)  The commission annually shall conduct a comprehensive analysis of the complaints it receives, including analysis by the following categories:
(1)  air;
(2)  water;
(3)  waste;
(4)  priority classification;
(5)  region;
(6)  commission response;
(7)  enforcement action taken;  and
(8)  trends by complaint type.
(b)  In addition to the analysis required by Subsection (a), the commission shall assess the impact of changes made in the commission's complaint policy.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.16, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.178. Biennial Reports

Sec. 5.178.  BIENNIAL REPORTS.  (a)  On or before December 1 of each even-numbered year, the commission shall file with the governor and the members of the legislature a written report that includes a statement of the activities of the commission during the preceding fiscal biennium.
(b)  The report due by December 1 of an even-numbered year shall include, in addition:
(1)  the commission's recommendations for necessary and desirable legislation;  and
(2)  the following reports:
(A)  the assessments and reports required by Section 361.0219(c), Health and Safety Code;
(B)  the reports required by Section 26.0135(d) and Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, 1985;  and
(C)  a summary of the analyses and assessments required by Section 5.1773.
(c)  Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.04(b).
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(164), eff. June 17, 2011.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1082, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 1.17, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.02, 7.03, 7.04(b), eff. Jan. 11, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(164), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.001, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.1781. Application Requirement for Colonias Projects

Sec. 5.1781.  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 commission that provide assistance to colonias, the commission shall require an applicant for the funds to submit to the commission 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 commission may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 12, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.13, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.14, 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 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.179. Seal

Sec. 5.179.  SEAL.  The commission shall have a seal bearing the words Texas Natural Resource Conservation Commission encircling the oak and olive branches common to other official seals.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.017, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.221. General Responsibilities of the Executive Director

Sec. 5.221.  GENERAL RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR.  The executive director shall manage the administrative affairs of the commission subject to this code and other laws and under the general supervision and direction of the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.222. Delegation of Executive Director's Authority or Duty

Sec. 5.222.  DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY.  The executive director may delegate to the executive director's staff any authority or duty assigned to the executive director unless the statute, rule, or order assigning or delegating the authority or duty specifies otherwise.
Added by Acts 1997, 75th Leg., ch. 302, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Sec. 5.238 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(109), eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.223. Administrative Organization of Commission

Sec. 5.223.  ADMINISTRATIVE ORGANIZATION OF COMMISSION.  Subject to approval of the commission, the executive director may organize and reorganize the administrative sections and divisions of the commission in a manner and in a form that will achieve the greatest efficiency and effectiveness.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.224. Information Request to Board

Sec. 5.224.  INFORMATION REQUEST TO BOARD.  (a)  With regard to any matter pending before the commission, the executive director may obtain from the board information relating to that matter.
(b)  On receiving a request from the executive director, the board 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.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.225. Career Ladder Program

Sec. 5.225.  CAREER LADDER PROGRAM.  The executive director 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.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.226. Merit Pay

Sec. 5.226.  MERIT PAY.  The executive director or his designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for commission employees must be based on the system established under this section.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.227. Equal Employment Opportunity Policy

Sec. 5.227.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or his 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 commission to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  a comprehensive analysis of the extent to which the composition of the commission'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.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.18, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.228. Appearances at Hearings

Sec. 5.228.  APPEARANCES AT HEARINGS.  (a)  The position of and information developed by the commission shall be presented by the executive director or his designated representative at hearings of the commission and the hearings held by federal, state, and local agencies on matters affecting the public's interest in the state's environment and natural resources, including matters that have been determined to be policies of the state.
(b)  The executive director shall be named a party in hearings before the commission in a matter in which the executive director bears the burden of proof.
(c)  The executive director shall participate as a party in contested case permit hearings before the commission or the State Office of Administrative Hearings to:
(1)  provide information to complete the administrative record; and
(2)  support the executive director's position developed in the underlying proceeding, unless the executive director has revised or reversed that position.
(d)  In a contested case hearing relating to a permit application, the executive director or the executive director's designated representative may not rehabilitate the testimony of a witness unless the witness is a commission employee.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1021, Sec. 10.04, eff. September 1, 2011.
(f)  The fact that the executive director is not named as a party in a hearing before the commission is not grounds for appealing a commission decision.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.018, eff. Aug. 12, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 1.20, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 10.02, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 10.04, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 116 (S.B. 709), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.229. Contracts

Sec. 5.229.  CONTRACTS.  (a)  The executive director, on behalf of the commission, may negotiate with and with the consent of the commission 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 commission.
(b)  The executive director, on behalf of the commission, may negotiate with and with the consent of the commission enter into contracts or other agreements with states and political subdivisions of this state or any other entity for the purpose of carrying out the powers, duties, and responsibilities of the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.2291. Scientific and Technical Services

Sec. 5.2291.  SCIENTIFIC AND TECHNICAL SERVICES.  (a)  In this section, "scientific and technical environmental services" means services, other than engineering services, of a scientific or technical nature the conduct of which requires technical training and professional judgment.  The term includes modeling, risk assessment, site characterization and assessment, studies of the magnitude, source, and extent of contamination, contaminant fate and transport analysis, watershed assessment and analysis, total maximum daily load studies, scientific data analysis, and similar tasks, to the extent those tasks are not defined as the "practice of engineering" under Chapter 1001, Occupations Code.
(b)  Except as provided by Section 5.2292, the procurement of a contract for scientific and technical environmental services shall be conducted under the procedures for professional services selection provided in Subchapter A, Chapter 2254, Government Code.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.21, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.842, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.05, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.2292. Contracts for Services Under Petroleum Storage Tank State-Lead Program

Sec. 5.2292.  CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE TANK STATE-LEAD PROGRAM. (a) The executive director may directly award a contract for scientific and technical environmental services to a person if:
(1)  the contract is for the performance of services related to the remediation of a site that has been placed in the state-lead program under Section 26.3573(r-1);
(2)  the person has registered to perform corrective action under Section 26.364;
(3)  the person is eligible to receive a contract award from the state;
(4)  the person was performing related work at the site on or before July 1, 2011; and
(5)  the contract includes all contract provisions required for state contracts.
(b)  Notwithstanding Section 2254.004, Government Code, the executive director may directly award a contract for engineering services to a person if:
(1)  the contract is for the performance of services related to the remediation of a site that has been placed in the state-lead program under Section 26.3573(r-1);
(2)  the person is licensed under Chapter 1001, Occupations Code;
(3)  the person has registered to perform corrective action under Section 26.364;
(4)  the person is eligible to receive a contract award from the state;
(5)  the person was performing related work at the site on or before July 1, 2011; and
(6)  the contract includes all contract provisions required for state contracts.
(c)  Nothing in Subsection (a) or (b) requires the executive director to make an award at a site or prevents the executive director from negotiating additional contract terms, including qualifications.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.06, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.230. Enforcement

Sec. 5.230.  ENFORCEMENT.  On approval of the commission, the executive director may enforce the terms and conditions of any permit, certified filing, certificate of adjudication, order, standard, or rule by injunction or other appropriate remedy in a court of competent jurisdiction.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.231. Travel Expenses

Sec. 5.231.  TRAVEL EXPENSES.  The executive director is entitled to receive actual and necessary travel expenses.  Other employees of the commission are entitled to receive travel expenses as provided in the General Appropriations Act.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.232. Employee Moving Expenses

Sec. 5.232.  EMPLOYEE MOVING EXPENSES.  If provided by legislative appropriation, the commission may pay the costs of transporting and delivering the household goods and effects of employees transferred by the executive director from one permanent station to another when, in the judgment of the executive director, the transfer will serve the best interest of the state.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.233. Gifts and Grants

Sec. 5.233.  GIFTS AND GRANTS.  The executive director may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers and duties under this code and other law.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.019, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.234. Applications and Other Documents

Sec. 5.234.  APPLICATIONS AND OTHER DOCUMENTS.  (a)  An application, petition, or other document requiring action of the commission shall be presented to the executive director and handled as provided by this code or other law and in the rules adopted by the commission.
(b)  After an application, petition, or other document is processed, it shall be presented to the commission for action as required by law and rules of the commission.  If, in the course of reviewing an application and preparing a draft permit, the executive director has required changes to be made to the applicant's proposal, the executive director shall prepare a summary of the changes that were made to increase protection of public health and the environment.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.020, eff. Aug. 12, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 1.22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.236. Groundwater Contamination Reports

Sec. 5.236.  GROUNDWATER CONTAMINATION REPORTS.  (a)  If the executive director acquires information that confirms that a potential public health hazard exists because usable groundwater has been or is being contaminated, the executive director, not later than the 30th day after the date on which the executive director acquires the information confirming contamination, shall give written notice of the contamination to the following persons:
(1)  the county judge and the county health officer, if any, in each county in which the contamination has occurred or is occurring;
(2)  any person under the commission's jurisdiction who is suspected of contributing to the contamination;
(3)  any other state agency with jurisdiction over any person who is suspected of contributing to the contamination; and
(4)  a groundwater conservation district, if the contamination has occurred or is occurring in the jurisdiction of the district.
(b)  The executive director shall give the notice in the manner and form, and include the information, required by rule of the commission.
Added by Acts 1987, 70th Leg., ch. 393, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 607 (S.B. 430), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.237. Operating Fund

Sec. 5.237.  OPERATING FUND.  (a)  The Texas Natural Resource Conservation Commission Operating Fund is established in the treasury.  At the request of the commission, the comptroller is authorized to transfer to an account in the operating fund any appropriations made to the commission for the purpose of making expenditures.  After expenditures have been made from the operating fund and proper line-item appropriations identified, the commission shall submit periodic adjustments to the comptroller in summary amounts to record accurate cost allocations to the appropriate funds and accounts.  Periodic adjustments under this section shall be made at least quarterly.
(b)  The commission will establish and maintain accounting records adequate to support the periodic reconciliation of operating fund transfers and document expenditures from each fund or account.  All expenditures shall be made consistent with provisions of law relating to the authorized use of each fund or account from which appropriations are made to the commission.
Added by Acts 1993, 73rd Leg., ch. 746, Sec. 2, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.238. Administrative Account

Sec. 5.238.  ADMINISTRATIVE ACCOUNT.  The commission administrative account is an account in the general revenue fund.  The account consists of reimbursements to the commission for services provided by the commission and other sources specified by law and authorized by legislative appropriation.
Added by Acts 1997, 75th Leg., ch. 333, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter F. Executive Director › Section 5.239. Public Education and Assistance

Sec. 5.239.  PUBLIC EDUCATION AND ASSISTANCE.  (a)  The executive director shall ensure that the agency is responsive to environmental and citizens' concerns, including environmental quality and consumer protection.
(b)  The executive director shall develop and implement a program to:
(1)  provide a centralized point for the public to access information about the commission and to learn about matters regulated by the commission;
(2)  identify and assess the concerns of the public in regard to matters regulated by the commission; and
(3)  respond to the concerns identified by the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 3.01, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.271. Creation and General Responsibility of the Office of Public Interest Counsel

Sec. 5.271.  CREATION AND GENERAL RESPONSIBILITY OF THE OFFICE OF PUBLIC INTEREST COUNSEL.  The office of public interest counsel is created to ensure that the commission promotes the public's interest.  The primary duty of the office is to represent the public interest as a party to matters before the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 708, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 3.02, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.272. Public Interest Counsel

Sec. 5.272.  PUBLIC INTEREST COUNSEL.  The office shall be headed by a public interest counsel appointed by the commission.  The executive director may submit the names and qualifications of candidates for public interest counsel to the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 708, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.2725. Annual Report; Performance Measures

Sec. 5.2725.  ANNUAL REPORT; PERFORMANCE MEASURES.  (a)  The office of public interest counsel shall report to the commission each year in a public meeting held on a date determined by the commission to be timely for the commission to include the reported information in the commission's reports under Sections 5.178(a) and (b) and in the commission's biennial legislative appropriations requests as appropriate:
(1)  an evaluation of the office's performance in representing the public interest in the preceding year;
(2)  an assessment of the budget needs of the office, including the need to contract for outside expertise; and
(3)  any legislative or regulatory changes recommended under Section 5.273.
(b)  The commission and the office of public interest counsel shall work cooperatively to identify performance measures for the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 3.03, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.273. Duties of the Public Interest Counsel

Sec. 5.273.  DUTIES OF THE PUBLIC INTEREST COUNSEL.  (a)  The counsel shall represent the public interest and be a party to all proceedings before the commission.
(b)  The counsel may recommend needed legislative and regulatory changes.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 708, Sec. 1, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 965, Sec. 1.23, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.274. Staff; Outside Technical Support

Sec. 5.274.  STAFF;  OUTSIDE TECHNICAL SUPPORT.  (a)  The office shall be adequately staffed to carry out its functions under this code.
(b)  The counsel may obtain and use outside technical support to carry out its functions under this code.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 708, Sec. 1, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 965, Sec. 1.23, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.275. Appeal

Sec. 5.275.  APPEAL.  A ruling, decision, or other act of the commission may not be appealed by the counsel.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 708, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter G. Office of Public Interest Counsel › Section 5.276. Factors for Public Interest Representation

Sec. 5.276.  FACTORS FOR PUBLIC INTEREST REPRESENTATION.  (a)  The commission by rule, after consideration of recommendations from the office of public interest counsel, shall establish factors the public interest counsel must consider before the public interest counsel decides to represent the public interest as a party to a commission proceeding.
(b)  Rules adopted under this section must include:
(1)  factors to determine the nature and extent of the public interest; and
(2)  factors to consider in prioritizing the workload of the office of public interest counsel.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 3.04, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter H. Delegation of Hearings › Section 5.311. Delegation of Responsibility

Sec. 5.311.  DELEGATION OF RESPONSIBILITY.  (a)  The commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility to hear any matter before the commission.
(b)  Except as provided in Subsection (a), the administrative law judge shall report to the commission on the hearing in the manner provided by law.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.  Renumbered from Water Code Sec. 5.313 and amended by Acts 1995, 74th Leg., ch. 106, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.01, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.02, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter H. Delegation of Hearings › Section 5.312. Time Limit for Issuance or Denial of Permits

Sec. 5.312.  TIME LIMIT FOR ISSUANCE OR DENIAL OF PERMITS.  (a)  Except as provided in Subsection (b), all permit decisions shall be made within 180 days of the receipt of the permit application or application amendment or the determination of administrative completeness, whichever is later.
(b)  This section does not apply to permits issued under federally delegated or approved programs unless allowed under that program.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.022, eff. Aug. 12, 1991.  Renumbered from Water Code Sec. 5.314 by Acts 1995, 74th Leg., ch. 106, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter H. Delegation of Hearings › Section 5.313. Hearing Examiners Referenced in Law

Sec. 5.313.  HEARING EXAMINERS REFERENCED IN LAW.  Any reference in law to a hearing examiner who has a duty related to a case pending before the commission means an administrative law judge of the State Office of Administrative Hearings.
Amended by Acts 1995, 74th Leg., ch. 106, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter H. Delegation of Hearings › Section 5.315. Discovery in Cases Using Prefiled Written Testimony

Sec. 5.315.  DISCOVERY IN CASES USING PREFILED WRITTEN TESTIMONY.  In a contested case hearing delegated by the commission to the State Office of Administrative Hearings that uses prefiled written testimony, all discovery must be completed before the deadline for the submission of that testimony.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 10.03, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.351. Judicial Review of Commission Acts

Sec. 5.351.  JUDICIAL REVIEW OF COMMISSION ACTS.  (a)  A person affected by a ruling, order, decision, or other act of the commission may file a petition to review, set aside, modify, or suspend the act of the commission.
(b)  A person affected by a ruling, order, or decision of the commission must file a 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 a petition within 30 days after the date the commission performed the act.
(c)  Notwithstanding Subsection (b) or another provision of law to the contrary, a person affected by a ruling, order, or decision on a matter delegated to the executive director under Section 5.122 or other law may, after exhausting any administrative remedies, file a petition to review, set aside, modify, or suspend the ruling, order, or decision not later than the 30th day after:
(1)  the effective date of the ruling, order, or decision; or
(2)  if the executive director's ruling, order, or decision is appealed to the commission as authorized by Section 5.122(b) or other law, the earlier of:
(A)  the date the commission denies the appeal; or
(B)  the date the appeal is overruled by operation of law in accordance with commission rules.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1065 (H.B. 3177), Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.352. Remedy for Commission or Executive Director Inaction

Sec. 5.352.  REMEDY FOR COMMISSION OR EXECUTIVE DIRECTOR INACTION.  A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water or to perform any other duty with reasonable promptness may file a petition to compel the commission or the executive director to show cause why it should not be directed by the court to take immediate action.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.353. Diligent Prosecution of Suit

Sec. 5.353.  DILIGENT PROSECUTION OF SUIT.  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 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.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.354. Venue

Sec. 5.354.  VENUE.  A suit instituted under Section 5.351 or 5.352 of this code must be brought in a district court in Travis County.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.355. Appeal of District Court Judgment

Sec. 5.355.  APPEAL OF DISTRICT COURT JUDGMENT.  A judgment or order of a district court in a suit brought for or against the commission is appealable as are other civil cases in which the district court has original jurisdiction.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.356. Appeal by Executive Director Precluded

Sec. 5.356.  APPEAL BY EXECUTIVE DIRECTOR PRECLUDED.  A ruling, order, decision, or other act of the commission may not be appealed by the executive director.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter I. Judicial Review › Section 5.357. Law Suits; Citation

Sec. 5.357.  LAW SUITS;  CITATION.  Law suits filed by and against the commission or executive director shall be in the name of the commission.  In suits against the commission or executive director, citation may be served on the executive director.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter J. Consolidated Permit Processing › Section 5.401. Consolidated Permit Processing

Sec. 5.401.  CONSOLIDATED PERMIT PROCESSING.  (a)  If a plant, facility, or site is required to have more than one permit issued by the commission and the applications for all permits required by the commission are filed within a 30-day period, the commission, on request of the applicant, shall conduct coordinated application reviews and one consolidated permit hearing on all permits requested to be consolidated by the applicant and may issue one consolidated permit.  On request of the applicant, the commission shall issue one consolidated permit.
(b)  The executive director shall designate one permit program as the lead program for coordination, and that program is the point of contact regarding the consolidated permit.
(c)  The executive director may require separate processing of consolidated applications or may return to the applicant parts of an application if the executive director determines that the applicant has submitted an incomplete application or if the applicant does not respond as requested to notices of deficiency.
(d)  A federal operating permit governed by the requirements of Sections 382.054-382.0543, Health and Safety Code, may not be consolidated with other permits under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter J. Consolidated Permit Processing › Section 5.402. Request for Separate Processing

Sec. 5.402.  REQUEST FOR SEPARATE PROCESSING.  (a)  At any time before the public notice of the opportunity to request a hearing on a permit application, the applicant may request that consolidated applications be processed separately as determined by the executive director.  The executive director shall process the applications separately if the applicant submits a timely request under this subsection.
(b)  At any time after the notice of opportunity to request a hearing but before referral of the matter to the State Office of Administrative Hearings, the executive director may separate the applications for processing on a showing of good cause by the applicant that the applications should be processed separately.  For purposes of this subsection, "good cause" includes a change in the statutory or regulatory requirements governing a permit or a substantial change in the factual circumstances surrounding the applications for permits.
(c)  After an application has been referred to the State Office of Administrative Hearings, the applicant may have the applications processed separately only on a showing of compliance with commission procedural rules regarding the withdrawal of applications.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter J. Consolidated Permit Processing › Section 5.403. Renewal Period for Consolidated Permit

Sec. 5.403.  RENEWAL PERIOD FOR CONSOLIDATED PERMIT.  The renewal period for a consolidated permit issued under this subchapter is the shortest term set by any state or federal statute or rule governing one or more of the authorizations sought in the consolidated permit.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.
Sec. 5.404.  RENEWAL OF PERMITS.  A permit issued under this subchapter or a permit issued before and effective on September 1, 1997, that authorizes more than one permit program may be renewed, amended, or modified as a consolidated permit or may be separated by program and the permits may be processed separately and subject to the renewal, amendment, or modification requirements of applicable law governing operations at the facility, plant, or site.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter J. Consolidated Permit Processing › Section 5.405. Fees

Sec. 5.405.  FEES.  (a)  Except as provided by Subsection (b), the fee for a consolidated permit shall be computed as if the permits consolidated had been processed separately.
(b)  The commission by rule may reduce the fee for a consolidated permit below the total amount that the applicant would have paid for processing the applications separately if the commission finds that consolidated processing results in savings to the agency.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter J. Consolidated Permit Processing › Section 5.406. Rules

Sec. 5.406.  RULES.  The commission may adopt rules to effectuate the purposes of this subchapter, including rules providing for:
(1)  combined public notices of permits issued under the authority of this section;  or
(2)  procedures for the processing and issuing of consolidated permits.
Added by Acts 1997, 75th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 1997.