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 D. General Powers and Duties of the Commission › Section 5.105. General Policy

Sec. 5.105.  GENERAL POLICY.  Except as otherwise specifically provided by this code, the commission, by rule, shall establish and approve all general policy 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 D. General Powers and Duties of the Commission › Section 5.106. Budget Approval

Sec. 5.106.  BUDGET APPROVAL.  The commission shall examine and approve all budget recommendations for the commission that are to be transmitted to the legislature.
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 D. General Powers and Duties of the Commission › Section 5.107. Advisory Committees, Work Groups, and Task Forces

Sec. 5.107.  ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES.  (a)  The commission or the executive director may create and consult with advisory committees, work groups, or task forces, including committees, work groups, or task forces for the environment, for public information, or for any other matter that the commission or the executive director may consider appropriate.
(b)  The commission shall identify affected groups of interested persons for advisory committees, work groups, and task forces and shall make reasonable attempts to have balanced representation on all advisory committees, work groups, and task forces.  This subsection does not require the commission to ensure that all representatives attend a scheduled meeting.  A rule or other action may not be challenged because of the composition of an advisory committee, work group, or task force.
(c)  The commission shall monitor the composition and activities of advisory committees, work groups, and task forces appointed by the commission or formed at the staff level and shall maintain that information in a form and location that is easily accessible to the public, including making the information available on the Internet.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.10, 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 D. General Powers and Duties of the Commission › Section 5.108. Executive Director

Sec. 5.108.  EXECUTIVE DIRECTOR.  (a)  The commission shall appoint an executive director to serve at the will of the commission.
(b)  The board shall exercise the powers of appointment which the Texas Water Rights Commission had the authority to exercise on August 30, 1977, except for those powers of appointment expressly provided to the Texas Water Rights Commission in Chapters 50 through 63 inclusive, of the Water Code, which are delegated to 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 D. General Powers and Duties of the Commission › Section 5.109. Chief Clerk

Sec. 5.109.  CHIEF CLERK.  (a)  The commission shall appoint a chief clerk who shall serve at the will of the commission.
(b)  The chief clerk shall assist the commission in carrying out its duties under this code and other law.
(c)  The chief clerk shall issue notice of public hearings held under the authority of the commission.
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. 1.009, 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 D. General Powers and Duties of the Commission › Section 5.110. General Counsel

Sec. 5.110.  GENERAL COUNSEL.  (a)  The commission shall appoint a general counsel who shall serve at the will of the commission.
(b)  The general counsel is the chief legal officer for the commission.
(c)  The general counsel must be an attorney licensed to practice law in this state.
(d)  The general counsel shall perform the duties and may exercise the powers specifically authorized by this code or delegated to the general counsel by 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 D. General Powers and Duties of the Commission › Section 5.111. Standards of Conduct

Sec. 5.111.  STANDARDS OF CONDUCT.  The commission shall provide to its members, appointees, and employees as often as is necessary information regarding their qualifications under this code and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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 D. General Powers and Duties of the Commission › Section 5.112. Public Testimony Policy

Sec. 5.112.  PUBLIC TESTIMONY POLICY.  The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 1, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.113. Commission and Staff Responsibility Policy

Sec. 5.113.  COMMISSION AND STAFF RESPONSIBILITY POLICY.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.114. Applications and Other Documents

Sec. 5.114.  APPLICATIONS AND OTHER DOCUMENTS.  Applications and other documents to be filed with the commission for final action under this code shall be filed with the executive director and handled in the manner provided by this code.
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 D. General Powers and Duties of the Commission › Section 5.116. Hearings; Recess

Sec. 5.116.  HEARINGS;  RECESS.  The commission may recess any hearing or examination from time to time and from place to place.
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 D. General Powers and Duties of the Commission › Section 5.117. Mandatory Enforcement Hearing

Sec. 5.117.  MANDATORY ENFORCEMENT HEARING.  (a)  The executive director shall monitor compliance with all permits and licenses issued by the commission under this code, and if the evidence available to the executive director through this monitoring process indicates that a permittee or licensee is in substantial noncompliance with his permit or license for a period of four months, or for a shorter period of time if the executive director considers an emergency to exist, the executive director shall report this fact to the commission together with the information relating to the noncompliance.
(b)  On receiving a report from the executive director under Subsection (a) of this section, the commission shall call and hold a hearing to determine whether the permittee or licensee who is the subject of the executive director's report has been in substantial noncompliance with his permit or license.
(c)  At the conclusion of the hearing, the commission shall issue one of the following orders stating that:
(1)  no violation of the permit or license has occurred;
(2)  a violation of the permit or license has occurred but has been corrected and no further action is necessary to protect the public interest;
(3)  the executive director is authorized to enter into a compliance agreement with the permittee or licensee;
(4)  a violation of the permit or license has occurred and an administrative penalty is assessed as provided by this code;  or
(5)  a violation of the permit or license has occurred, and the executive director is directed to have enforcement proceedings instituted against the permittee or licensee.
(d)  A compliance agreement under Subsection (c)(3) of this section is not effective unless it is approved by the commission.  If the commission determines at a hearing that a permittee or licensee has not complied with the terms of the compliance agreement, the commission may direct the executive director to institute enforcement proceedings.
(e)  The executive director, on receiving an order from the commission directing institution of enforcement proceedings, shall take all necessary steps to have enforcement proceedings instituted.
(f)  The commission may compel the attendance of the governing body or any other officer of any permittee or licensee at any hearing held under this section.
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. 1.011, 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 D. General Powers and Duties of the Commission › Section 5.1175. Payment of Penalty by Installment

Sec. 5.1175.  PAYMENT OF PENALTY BY INSTALLMENT.  (a)  The commission by rule may allow a person who owes a monetary civil or administrative penalty imposed for a violation of law within the commission's jurisdiction or for a violation of a license, permit, or order issued or rule adopted by the commission to pay the penalty in periodic installments.  The rule must provide a procedure for a person to apply for permission to pay the penalty over time.
(b)   The rule may vary the period over which the penalty may be paid or the amount of the periodic installments according to the amount of the penalty owed and the size of the business that owes the penalty.  The period over which the penalty may be paid may not exceed 36 months.
Added by Acts 1995, 74th Leg., ch. 112, Sec. 1, eff. May 17, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.118. Power to Administer Oaths

Sec. 5.118.  POWER TO ADMINISTER OATHS.  Each member of the commission, the chief clerk, or a hearings examiner may administer oaths in any hearing or examination on any matter submitted to the commission for 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 D. General Powers and Duties of the Commission › Section 5.119. Commission to Be Knowledgeable

Sec. 5.119.  COMMISSION TO BE KNOWLEDGEABLE.  The commission shall be knowledgeable of the watercourses and natural resources of the state and of the needs of the state concerning the use, storage and conservation of water and the use and conservation of other natural resources and of the need to maintain the quality of the environment in the state.
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. 1.012, 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 D. General Powers and Duties of the Commission › Section 5.1191. Research Model

Sec. 5.1191.  RESEARCH MODEL.  (a)  In this section, "research model" means a mechanism for developing a plan to address the commission's practical regulatory needs.  The commission's plan shall be prioritized by need and shall identify short-term, medium-term, and long-term research goals.  The plan may address preferred methods of conducting the identified research.
(b)  The commission shall develop a research model.  The commission may appoint a research advisory board to assist the commission in providing appropriate incentives to encourage various interest groups to participate in developing the research model and to make recommendations regarding research topics specific to this state.  The research advisory board must include representatives of the academic community, representatives of the regulated community, and public representatives of the state at large.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.11, 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 D. General Powers and Duties of the Commission › Section 5.1192. Coordination of Research

Sec. 5.1192.  COORDINATION OF RESEARCH.  (a)  The commission shall facilitate and coordinate environmental research in the state according to the research model developed under Section 5.1191.
(b)  The commission shall explore private and federal funding opportunities for research needs identified in the research model.  The commission may conduct, direct, and facilitate research to implement the commission's research model by administering grants or by contracting for research if money is appropriated to the commission for those purposes.
(c)  To the degree practicable, the commission, through the research model, shall coordinate with or make use of any research activities conducted under existing state initiatives, including research by state universities, the Texas Higher Education Coordinating Board, the United States Department of Agriculture, the Texas Department of Agriculture, and other state and federal agencies as appropriate.
(d)  This section does not authorize the commission to initiate or direct the research efforts of another entity except under the terms of a grant or contract.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.11, 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 D. General Powers and Duties of the Commission › Section 5.1193. Report

Sec. 5.1193.  REPORT.  The commission shall include in the reports required by Section 5.178 a description of cooperative research efforts, an accounting of money spent on research, and a review of the purpose, implementation, and results of particular research projects conducted.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.11, 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 D. General Powers and Duties of the Commission › Section 5.120. Conservation and Quality of Environment

Sec. 5.120.  CONSERVATION AND QUALITY OF ENVIRONMENT.  The commission shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and the natural resources of the state.
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. 1.013, 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 D. General Powers and Duties of the Commission › Section 5.121. Public Information

Sec. 5.121.  PUBLIC INFORMATION.  (a)  The commission shall comply with Section 2001.004, Government Code, by indexing and making available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the commission in the discharge of its functions.
(b)  The commission shall comply with Section 2001.004, Government Code, by indexing and making available for public inspection all of the commission's final orders, decisions, and opinions.
Added by Acts 1987, 70th Leg., ch. 638, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(71), (72), 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 D. General Powers and Duties of the Commission › Section 5.122. Delegation of Uncontested Matters to Executive Director

Sec. 5.122.  DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.  (a)  The commission by rule or order may delegate to the executive director the commission's authority to act on an application or other request to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate, or modify a permit, license, certificate, registration, or other authorization or approval if:
(1)  required notice of the application or request for the authorization or approval has been given;
(2)  the holder of or applicant for the authorization or approval agrees in writing to the action to be taken by the executive director; and
(3)  the application or request:
(A)  is uncontested and does not require an evidentiary hearing;
(B)  has become uncontested before parties are named because each person who requested a contested case hearing within the time allowed by law has:
(i)  withdrawn the request for a contested case hearing without condition;
(ii)  withdrawn the request for a contested case hearing conditioned only on the withdrawal of all other hearing requests; or
(iii)  agreed in writing to allow the executive director to make a final decision on the matter; or
(C)  has become uncontested because all parties have agreed in writing to the action to be taken by the executive director.
(b)  A person affected by an action the executive director takes on a matter delegated under this section may appeal the executive director's action to the commission unless the action is a decision:
(1)  regarding a federal operating permit under Subchapter C, Chapter 382, Health and Safety Code;  or
(2)  specified as final and appealable by the commission rule that delegates the decision to the executive director.
(c)  A person affected by a decision of the executive director on a matter delegated under this section that regards a federal operating permit under Subchapter C, Chapter 382, Health and Safety Code, may:
(1)  petition the administrator of the United States Environmental Protection Agency in accordance with rules adopted under Section 382.0563, Health and Safety Code;  or
(2)  file a petition for judicial review under Section 382.032, Health and Safety Code.
(d)  The commission's authority under this section is cumulative of the commission's authority to delegate its powers, duties, or rights under any other law.
Added by Acts 1995, 74th Leg., ch. 860, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 302, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1065 (H.B. 3177), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.125. Cost-Sharing for Environmental Compliance Assessments by Certain Businesses

Sec. 5.125.  COST-SHARING FOR ENVIRONMENTAL COMPLIANCE ASSESSMENTS BY CERTAIN BUSINESSES.  (a)  In this section, "environmental compliance assessment" means an environmental compliance audit, pollution prevention assessment, or environmental management system audit performed by a small business.  The term does not include an audit conducted under Chapter 1101, Health and Safety Code.
(b)  The commission may implement cost-sharing to assist with payment of costs for an environmental compliance assessment performed by a business subject to regulation by the commission that employs at least 100 but not more than 250 individuals.
Added by Acts 1999, 76th Leg., ch. 104, Sec. 2, eff. May 17, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(d), eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.126. Report on Enforcement Actions

Sec. 5.126.  REPORT ON ENFORCEMENT ACTIONS.  (a)  Not later than December 1 of each year, the commission shall:
(1)  prepare an electronic report on its enforcement actions for the preceding fiscal year, including a comparison with its enforcement actions for each of the preceding five fiscal years;  and
(2)  provide the report to the governor, lieutenant governor, and speaker of the house of representatives.
(b)  The report shall separately describe the enforcement actions for each type of regulatory program, including programs under Chapters 26 and 27 of this code and Chapters 361, 382, and 401, Health and Safety Code.
(c)  The description of enforcement actions for each type of regulatory program shall include:
(1)  the number of inspections;
(2)  the number of notices of violations;
(3)  the number of enforcement actions;
(4)  the type of enforcement actions;
(5)  the amount of penalties assessed, deferred, or collected;  and
(6)  any other information the commission determines relevant.
(d)  As soon as possible after the end of each fiscal year, the attorney general shall provide the commission information on enforcement actions referred by the commission to the attorney general that were resolved during the preceding fiscal year or are pending at the end of that fiscal year.
Added by Acts 1997, 75th Leg., ch. 304, Sec. 1, eff. May 26, 1997;  Acts 1997, 75th Leg., ch. 1082, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 5.123 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(112), 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 D. General Powers and Duties of the Commission › Section 5.127. Environmental Management Systems

Sec. 5.127.  ENVIRONMENTAL MANAGEMENT SYSTEMS.  (a)  In this section, "environmental management system" means a documented management system to address applicable environmental regulatory requirements that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining an environmental policy directed toward continuous improvement.
(b)  The commission by rule shall adopt a comprehensive program that provides regulatory incentives to encourage the use of environmental management systems by regulated entities, state agencies, local governments, and  other entities as determined by the commission. The incentives may include:
(1)  on-site technical assistance;
(2)  accelerated access to information about programs; and
(3)  to the extent consistent with federal requirements:
(A)  inclusion of information regarding an entity's use of an environmental management system in the entity's compliance history and compliance summaries; and
(B)  consideration of the entity's implementation of an environmental management system in scheduling and conducting compliance inspections.
(c)  The rules must provide that an environmental management system, at a minimum, must require the entity implementing the system to:
(1)  adopt a written environmental policy;
(2)  identify the environmental aspects and impacts of the entity's activities;
(3)  set priorities, goals, and targets for continuous improvement in environmental performance and for ensuring compliance with environmental laws, regulations, and permit terms applicable to the facility;
(4)  assign clear responsibilities for implementation, training, monitoring, and corrective action and for ensuring compliance with environmental laws, regulations, and permit terms applicable to the facility;
(5)  document implementation of procedures and results; and
(6)  evaluate and refine implementation over time to improve attainment of environmental goals and targets and the system itself.
(d)  The commission shall:
(1)  integrate the use of environmental management systems into its regulatory programs, including permitting, compliance assistance, and enforcement;
(2)  develop model environmental management systems for small businesses and local governments; and
(3)  establish environmental performance indicators to measure the program's performance.
Added by Acts 2001, 77th Leg., ch. 1161, Sec. 1, 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 D. General Powers and Duties of the Commission › Section 5.128. Electronic Reporting to Commission; Electronic Transmission of Information by Commission; Reduction of Duplicate Reporting

Sec. 5.128.  ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE REPORTING.
(a)  The commission shall encourage the use of electronic reporting through the Internet, to the extent practicable, for reports required by the commission.  Notwithstanding any other law, the commission may  adjust fees as necessary to encourage electronic reporting and the use of the commission's electronic document receiving system.  An electronic report must be submitted in a format prescribed by the commission.  The commission may consult with the Department of Information Resources on developing a simple format for use in implementing this subsection.
(a-1)  Notwithstanding any other law, the commission may  utilize electronic means of transmission of information, including notices, orders, and decisions issued or sent by the commission.
(a-2)  The commission shall utilize electronic means of transmission for any notice issued or sent by the commission to a state senator or representative, unless the senator or representative has requested to receive notice by mail.
(a-3)  If the notice issued or sent under Subsection (a-2) concerns a permit for a facility, the notice must include an Internet link to an electronic map indicating the location of the facility.
(b)  The commission shall strive to reduce duplication in reporting requirements throughout the agency.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.12, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 664 (H.B. 1254), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 962 (H.B. 3544), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 108 (H.B. 610), 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 D. General Powers and Duties of the Commission › Section 5.129. Summary of and Information Provided by Public Notices

Sec. 5.129.  SUMMARY OF AND INFORMATION PROVIDED BY PUBLIC NOTICES.  (a)  The commission by rule shall provide for each public notice issued or published by the commission or by a person under the jurisdiction of the commission as required by law or by commission rule to include:
(1)  at the beginning of the notice a succinct statement of the subject of the notice; and
(2)  to the extent applicable, the name of the permit applicant, the type of permit applied for, and the location of each proposed or existing site subject to the proposed permit.
(a-1)  Rules adopted under this section must provide that a summary statement must be designed to inform the reader of the subject matter of the notice without having to read the entire text of the notice.
(b)  The summary statement may not be grounds for challenging the validity of the proposed action for which the notice was published.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.12, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.130. Consideration of Cumulative Risks

Sec. 5.130.  CONSIDERATION OF CUMULATIVE RISKS.  The commission shall:
(1)  develop and implement policies, by specific environmental media, to protect the public from cumulative risks in areas of concentrated operations;  and
(2)  give priority to monitoring and enforcement in areas in which regulated facilities are concentrated.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.12, 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 D. General Powers and Duties of the Commission › Section 5.132. Creation of Performance Measures for Innovative Regulatory Programs

Sec. 5.132.  CREATION OF PERFORMANCE MEASURES FOR INNOVATIVE REGULATORY PROGRAMS.  The commission shall work with the Legislative Budget Board to create performance measures that assess the improvements in environmental quality achieved by innovative regulatory programs implemented by the commission.
Added by Acts 2001, 77th Leg., ch. 1483, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 5.127 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(138), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.133. Actions in Mexico

Sec. 5.133.  ACTIONS IN MEXICO.  The commission may take and finance any action in Mexico, in cooperation with governmental authorities of Mexico, that in the opinion of the commission:
(1)  is necessary or convenient to accomplish a duty of the commission imposed by law;  and
(2)  will yield benefits to the environment in this state.
Added by Acts 2001, 77th Leg., ch. 728, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 5.127 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(139), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.134. Use of Environmental Testing Laboratory Data and Analysis

Sec. 5.134.  USE OF ENVIRONMENTAL TESTING LABORATORY DATA AND ANALYSIS.  (a)  The commission may accept environmental testing laboratory data and analysis for use in commission decisions regarding any matter under the commission's jurisdiction relating to permits or other authorizations, compliance matters, enforcement actions, or corrective actions only if the data and analysis is prepared by an environmental testing laboratory accredited by the commission under Subchapter R or an environmental testing laboratory described in Subsection (b) or (e).
(b)  The commission may accept for use in commission decisions data and analysis prepared by:
(1)  an on-site or in-house environmental testing laboratory if the laboratory:
(A)  is periodically inspected by the commission;  or
(B)  is located in another state and is accredited or periodically inspected by that state;
(2)  an environmental testing laboratory that is accredited under federal law;  or
(3)  if the data and analysis are necessary for emergency response activities and the required data and analysis are not otherwise available, an environmental testing laboratory that is not accredited by the commission under Subchapter R or under federal law.
(c)  The commission by rule may require that data and analysis used in other commission decisions be obtained from an environmental testing laboratory accredited by the commission under Subchapter R.
(d)  The commission shall periodically inspect on-site or in-house environmental testing laboratories described in Subsection (b).
(e)  The commission may accept for use in commission decisions data from an on-site or in-house laboratory if the laboratory is performing the work:
(1)  for another company with a unit located on the same site;  or
(2)  without compensation for a governmental agency or a charitable organization if the laboratory is periodically inspected by the commission.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.12, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 5.127 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(140), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 912, Sec. 1, eff. Sept. 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter D. General Powers and Duties of the Commission › Section 5.136. Community Outreach

Sec. 5.136.  COMMUNITY OUTREACH.  The commission shall provide outreach and education to the public on participating in the permitting process under the air, waste, and water programs within the commission's jurisdiction.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 10, eff. September 1, 2023.
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 5.171. Audit

Sec. 5.171.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 584, Sec. 73, eff. Sept. 1, 1989.
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 5.172. Funds From Other State Agencies

Sec. 5.172.  FUNDS FROM OTHER STATE AGENCIES.  Any state agency that has statutory responsibilities for environmental pollution or environmental quality control and that receives a legislative appropriation for these purposes may transfer to the commission any amount mutually agreed on by the commission and the agency, subject to the approval of the governor.
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. 1.014, 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 E. Administrative Provisions for Commission › Section 5.173. Public Information Relating to Commission

Sec. 5.173.  PUBLIC INFORMATION RELATING TO COMMISSION.  The commission shall prepare information of public interest describing the functions of the commission and describing the commission's procedures by which complaints are filed with and resolved by the commission.  The commission shall make the information available to the general public and the appropriate state agencies.
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 E. Administrative Provisions for Commission › Section 5.1733. Electronic Posting of Information

Sec. 5.1733.  ELECTRONIC POSTING OF INFORMATION.  The commission shall post public information on its website.  Such information shall include but not be limited to the minutes of advisory committee meetings, pending permit and enforcement actions, compliance histories, and emissions inventories by county and facility name.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.13, 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 5.1734. Electronic Posting of Permit Applications

Sec. 5.1734.  ELECTRONIC POSTING OF PERMIT APPLICATIONS.  (a)  The commission shall post on its website at the time a permit application becomes administratively complete:
(1)  the permit application and any associated materials; and
(2)  for a permit application under Subchapter D, Chapter 11, any map accompanying the permit application.
(b)  If a permit application is revised or amended after the permit application has become administratively complete, the commission shall post on its website the revised or amended permit application.
(c)  The commission may exempt any associated materials from being posted on its website under Subsections (a) and (b) if the commission determines that:
(1)  posting the materials on the website would be unduly burdensome; or
(2)  the materials are too large to be posted on the website.
(d)  Notwithstanding any other law, the commission shall require each applicant for a permit, permit amendment, or permit renewal that requires notice be published to include in the notice the address of the website where the public can access information about the permit as described by Subsection (a).
(e)  In implementing this section, the commission shall consider and accommodate residents of each area affected by a proposed permit, permit amendment, or permit renewal who may need assistance accessing the application and associated materials because of a lack of access to Internet services, particularly when there is a heightened public interest or in response to public comment.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 11, eff. September 1, 2023.
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 5.174. Copies of Documents, Proceedings, Etc

Sec. 5.174.  COPIES OF DOCUMENTS, PROCEEDINGS, ETC.  (a)  Except as otherwise specifically provided by this code and subject to the specific limitations provided by this code, on application of any person the commission shall furnish certified or other copies of any proceeding or other official record or of any map, paper, or document filed with the commission.  A certified copy with the seal of the commission and the signature of the presiding officer of the commission or the executive director or chief clerk is admissible as evidence in any court or administrative proceeding.
(b)  The commission shall provide in its rules the fees that will be charged for copies and is authorized to furnish copies, certified or otherwise, to a person without charge when the furnishing of the copies serves a public purpose.  Other statutes concerning fees for copies of records do not apply to the commission, except that the fees set by the commission for copies prepared by the commission may not exceed those prescribed in Chapter 603, Government Code.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(13), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 16.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter E. Administrative Provisions for Commission › Section 5.175. Inspection of Water Pollution Records

Sec. 5.175.  INSPECTION OF WATER POLLUTION RECORDS.  (a)  All information, documents, and data collected by the commission in the performance of its duties are the property of the state.
(b)  Except as provided by Subsection (c) of this section, records, reports, data, or other information obtained relative to or from sources or potential sources of discharges of water pollutants shall be available to the public during regular office hours.
(c)  If a showing satisfactory to the executive director is made by any person that those records, reports, data, or other information, other than effluent data, would divulge methods or processes entitled to protection as trade secrets, the commission shall consider those records, reports, data, or other information as confidential.
(d)  This chapter may not be construed to make confidential any effluent data, including effluent data in records, reports, or other information, and including effluent data in permits, draft permits, and permit applications.
(e)  Records, data, or other information considered confidential may be disclosed or transmitted to officers, employees, or authorized representatives of the state or of the United States with responsibilities in water pollution control.  However, this disclosure or transmittal may be made only after adequate written assurance is given to the executive director that the confidentiality of the disclosed or transmitted records, data, or other information will be afforded all reasonable protection allowed by law by the receiving officer, employee or authorized representative on behalf of, and under the authority of, the receiving agency or political entity.
(f)  The executive director may not disclose or transmit records, data, or other information considered confidential if he has reason to believe the recipient will not protect their confidentiality to the most reasonable extent provided by law.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, 1.168;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.016, 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 E. Administrative Provisions for Commission › Section 5.176. Complaint File

Sec. 5.176.  COMPLAINT FILE.  (a)  The commission shall maintain a file on each written complaint filed with the commission about a matter within the commission's regulatory jurisdiction. The file must include:
(1)  the name of the person who filed the complaint, unless the person has specifically requested anonymity;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint.
(b)  The commission shall establish and implement procedures for receiving complaints submitted by means of the Internet and orally and shall maintain files on those complaints as provided by Subsection (a).
(c)  The commission is not required to investigate a complaint:
(1)  that may be addressed during other commission activities; or
(2)  that was filed by an individual when there is not a reasonable probability that the commission can substantiate the complaint and:
(A)  the complaint is repetitious or redundant of other complaints concerning the same site investigated in the preceding 12 months that were not substantiated by the commission; or
(B)  the complainant has filed in the preceding seven years at least five complaints that were not substantiated by the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.15, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1065 (S.B. 471), Sec. 1, eff. September 1, 2023.
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 5.1765. Publication of Information Regarding Complaint Procedures and Policies

Sec. 5.1765.  PUBLICATION OF INFORMATION REGARDING COMPLAINT PROCEDURES AND POLICIES.  The commission shall establish a process for educating the public regarding the commission's complaint policies and procedures.  As part of the public education process, the commission shall make available to the public in pamphlet form an explanation of the complaint policies and procedures, including information regarding and standards applicable to the collection and preservation of credible evidence of environmental problems by members of the public.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.14, 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 5.177. Notice of Complaint Procedures; Notice of Investigation Status

Sec. 5.177.  NOTICE OF COMPLAINT PROCEDURES;  NOTICE OF INVESTIGATION STATUS.  (a)  The agency shall provide to the person filing the complaint about a matter within the commission's regulatory jurisdiction and to each person who is the subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(b)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(c)  The commission is not required to provide the information described in Subsection (a) or (b) to a complainant who:
(1)  files an anonymous complaint;
(2)  provides inaccurate contact information; or
(3)  files a complaint described by Section 5.176(c).
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 965, Sec. 1.15, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1065 (S.B. 471), Sec. 2, eff. September 1, 2023.