reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.196. Service of Summons

Sec. 7.196.  SERVICE OF SUMMONS.  (a)  A peace officer shall serve a summons on a private corporation by personally delivering a copy of it to the corporation's registered agent for service.  If a registered agent has not been designated or cannot with reasonable diligence be found at the registered office, the peace officer shall serve the summons by personally delivering a copy of it to the president or a vice president of the corporation.
(b)  If the peace officer certifies on the return that the peace officer diligently but unsuccessfully attempted to effect service under Subsection (a) or if the corporation is a foreign corporation that has no certificate of authority, the peace officer shall serve the summons on the secretary of state.  On receipt of the summons copy, the secretary of state shall immediately forward it by certified or registered mail, return receipt requested, addressed to the defendant corporation at its registered office or, if it is a foreign corporation, at its principal office in the state or country under whose law it was incorporated.
(c)  The secretary of state shall keep a permanent record of the date and time of receipt and the disposition of each summons served under Subsection (b) together with the return receipt.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.197. Arraignment and Pleadings

Sec. 7.197.  ARRAIGNMENT AND PLEADINGS.  In any criminal action instituted against a private corporation under this subchapter:
(1)  appearance is for the purpose of arraignment;  and
(2)  the corporation has 10 full days after the day the arraignment takes place and before the day the trial begins to file written pleadings.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.198. Appearance

Sec. 7.198.  APPEARANCE.  (a)  A defendant private corporation appears through counsel or its representative.
(b)  If a private corporation does not appear in response to summons or appears but does not plead, the corporation is considered to be present in person for all purposes, and the court shall enter a plea of not guilty on the corporation's behalf and may proceed with trial, judgment, and sentencing.
(c)  After appearing and entering a plea in response to summons, if a private corporation is absent without good cause at any time during later proceedings, the corporation is considered to be present in person for all purposes, and the court may proceed with trial, judgment, or sentencing.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.199. Fine Treated as Judgment in Civil Action

Sec. 7.199.  FINE TREATED AS JUDGMENT IN CIVIL ACTION.  If a person other than an individual is found guilty of a violation of this subchapter and a fine is imposed, the fine shall be entered and docketed by the clerk of the court as a judgment against the person, and the fine shall be of the same force and effect and be enforced against the person in the same manner as if the judgment were recovered in a civil action.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.200. Effect on Certain Other Laws

Sec. 7.200.  EFFECT ON CERTAIN OTHER LAWS.  Conduct punishable as an offense under this subchapter that is also punishable under another law may be prosecuted under either law.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.201. Defense Excluded

Sec. 7.201.  DEFENSE EXCLUDED.  It is not a defense to prosecution under this subchapter that the person did not know of or was not aware of a rule, order, or statute.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.202. Proof of Knowledge

Sec. 7.202.  PROOF OF KNOWLEDGE.  In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury under Section 7.168, 7.169, 7.170, or 7.171, the defendant is responsible only for the defendant's actual awareness or actual belief possessed.  Knowledge possessed by a person other than the defendant may not be attributed to the defendant.  To prove a defendant's actual knowledge, however, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.251. Act of God

Sec. 7.251.  ACT OF GOD.  If a person can establish that an event that would otherwise be a violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of that statute, rule, order, or permit.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.252. Defenses to Endangerment Offenses

Sec. 7.252.  DEFENSES TO ENDANGERMENT OFFENSES.  It is an affirmative defense to prosecution under Section 7.152, 7.153, 7.154, 7.163, 7.168, 7.169, 7.170, 7.171, 7.182, or 7.183 that:
(1)  the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of the person's occupation, business, or profession or a medical treatment or medical or scientific experimentation conducted by professionally approved methods and the person endangered had been made aware of the risks involved before giving consent;  or
(2)  the person charged was an employee who was carrying out the person's normal activities and was acting under orders from the person's employer, unless the person charged engaged in knowing and wilful violations.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.254. Defense to Used Oil Offenses

Sec. 7.254.  DEFENSE TO USED OIL OFFENSES.  It is an affirmative defense to prosecution under Section 7.176 that the person unknowingly disposed of used oil into the environment because the used oil had not been properly segregated or separated by the generator from other solid wastes.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.255. Defense Excluded

Sec. 7.255.  DEFENSE EXCLUDED.  Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the commission does not relieve that person from liability for the violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.256. Compliance With Federal Occupational Safety and Health Standards

Sec. 7.256.  COMPLIANCE WITH FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS.  If a person can establish that an act or event that otherwise would be a violation of a statute within the commission's jurisdiction or a rule adopted or an order or permit issued by the commission under such a statute was caused solely by compliance with the general duty clause of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), the act or event is not a violation of that statute, rule, order, or permit.
Added by Acts 2009, 81st Leg., R.S., Ch. 513 (S.B. 1080), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter F. Defenses › Section 7.257. Defense to Nuisance or Trespass

Sec. 7.257.  DEFENSE TO NUISANCE OR TRESPASS.  (a)  A person, as defined by Section 382.003, Health and Safety Code, who is subject to an administrative, civil, or criminal action brought under this chapter for nuisance or trespass arising from greenhouse gas emissions has an affirmative defense to that action if the person's actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the commission or the federal government or an agency of the federal government and:
(1)  the person was in substantial compliance with that rule, permit, order, license, certificate, registration, approval, or other authorization while the alleged nuisance or trespass was occurring; or
(2)  the commission or the federal government or an agency of the federal government exercised enforcement discretion in connection with the actions that resulted in the alleged nuisance or trespass.
(b)  This section does not apply to nuisance actions solely based on a noxious odor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 909 (S.B. 875), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.301. Definition

Sec. 7.301.  DEFINITION.  In this subchapter:
(1)  "License," "certificate," "registration," and "exemption" have the meanings assigned by commission rule.
(2)  "Permit holder" or "holder of a permit" includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock, provided such partner or owner controls at least 20 percent of the permit holder.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.302. Grounds for Revocation or Suspension of Permit

Sec. 7.302.  GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.  (a)  This section applies to a permit or exemption issued by the commission under:
(1)  Section 18.005 of this code;
(2)  Chapter 26, 27, 28, or 31 of this code;
(3)  Subchapter C or R, Chapter 361, Health and Safety Code;
(4)  Subchapter D, Chapter 366, Health and Safety Code;
(5)  Chapter 382, Health and Safety Code; or
(6)  a rule adopted under any of those provisions.
(b)  After notice and hearing, the commission may revoke, suspend, or revoke and reissue a permit or exemption on any of the following grounds:
(1)  violating any term or condition of the permit, and revocation, suspension, or revocation and reissuance is necessary in order to maintain the quality of water or the quality of air in the state, or to otherwise protect human health and the environment consistent with the objectives of the statutes or rules within the commission's jurisdiction;
(2)  having a record of environmental violations in the preceding five years at the permitted or exempted site;
(3)  causing a discharge, release, or emission contravening a pollution control standard set by the commission or contravening the intent of a statute or rule described in Subsection (a);
(4)  including a material mistake in a federal operating permit issued under Chapter 382, Health and Safety Code, or making an inaccurate statement in establishing an emissions standard or other term or condition of a federal operating permit;
(5)  misrepresenting or failing to disclose fully all relevant facts in obtaining the permit or misrepresenting to the commission any relevant fact at any time;
(6)  a permit holder being indebted to the state for fees, payment of penalties, or taxes imposed by the statutes or rules within the commission's jurisdiction;
(7)  a permit holder failing to ensure that the management of the permitted facility conforms or will conform to the statutes and rules within the commission's jurisdiction;
(8)  the permit is subject to cancellation or suspension under Section 26.084;
(9)  abandoning the permit or operations under the permit;  or
(10)  the commission finds that a change in conditions requires elimination of the discharge authorized by the permit.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.04, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 4, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.304. Suspension of Registration or Reimbursement Payment Issued Under Waste Tire Recycling Program

Sec. 7.304.  SUSPENSION OF REGISTRATION OR REIMBURSEMENT PAYMENT ISSUED UNDER WASTE TIRE RECYCLING PROGRAM.  Notwithstanding Sections 7.303, 7.305, and 7.306, the commission may suspend a registration of or reimbursement payment to a waste tire processor, waste tire transporter, waste tire generator, waste tire recycling facility, or waste tire energy recovery facility, without notice or hearing, on the initiation of an enforcement proceeding under this chapter and while the proceeding is pending for a violation of Subchapter P, Chapter 361, Health and Safety Code, or a rule adopted or order issued under that subchapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept.1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.305. Procedures

Sec. 7.305.  PROCEDURES.  The commission by rule shall establish procedures for public notice and any public hearing under this subchapter.  The procedures shall provide for notice to a county that issued a license, certificate, or registration that is the subject of the hearing.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.306. Hearings

Sec. 7.306.  HEARINGS.  A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the commission and the applicable provisions of Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.307. Consent

Sec. 7.307.  CONSENT.  If the holder of a permit, license, certificate, or registration requests or consents to the revocation or suspension of the permit, license, certificate, or registration, the executive director may revoke or suspend the permit, license, exemption, certificate, or registration without a hearing.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.308. Other Relief

Sec. 7.308.  OTHER RELIEF.  A proceeding brought by the commission under this subchapter does not affect the commission's authority to bring suit for injunctive relief or penalty or both under this chapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.309. Probation Requirements

Sec. 7.309.  PROBATION REQUIREMENTS.  If a license, certificate, or registration suspension is probated, the commission may require the holder of the license, certificate, or registration:
(1)  to report regularly to the commission on matters that are the basis of the probation;
(2)  to limit activities to the areas prescribed by the commission;  or
(3)  to continue or renew professional education until the registrant attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter G. Revocation and Suspension of Permits, Licenses, Certificates, and Registrations › Section 7.310. Revocation or Suspension by County

Sec. 7.310.  REVOCATION OR SUSPENSION BY COUNTY.  With respect to a license, certificate, or registration issued by a county under a statute or rule within the commission's jurisdiction, the issuing county may suspend or revoke the license, certificate, or registration on the grounds provided under Section 7.303.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.351. Civil Suits

Sec. 7.351.  CIVIL SUITS.  (a)  Subject to Section 7.3511, if it appears that a violation or threat of violation of Chapter 16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and Safety Code, a provision of Chapter 401, Health and Safety Code, under the commission's jurisdiction, or Chapter 1903, Occupations Code, or a rule adopted or an order or a permit issued under those chapters or provisions has occurred or is occurring in the jurisdiction of a local government, the local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter, may institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation.
(b)  Subject to Section 7.3511, if it appears that a violation or threat of violation of Chapter 366, Health and Safety Code, under the commission's jurisdiction or a rule adopted or an order or a permit issued under that chapter has occurred or is occurring in the jurisdiction of a local government, an authorized agent as defined in that chapter may institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 193, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.845, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 857 (H.B. 2533), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.3511. Procedure for Civil Penalty; Required Notice

Sec. 7.3511.  PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE.  (a)  In this section:
(1)  "Authorized agent" has the meaning assigned by Section 366.002, Health and Safety Code.
(2)  "Person affected" has the meaning assigned by Section 401.003, Health and Safety Code.
(b)  This section applies only to a claim for a civil penalty in a civil suit under this subchapter for a violation of a statute, rule, order, or permit described by Section 7.351.
(c)  Before instituting any claim described by Subsection (b), a local government, a person affected, or an authorized agent shall provide to the attorney general and the executive director of the commission written notice of each alleged violation, the facts in support of the claim, and the specific relief sought.
(d)  A local government, a person affected, or an authorized agent may institute a claim described by Subsection (b) on or after the 90th day after the date the attorney general and the executive director of the commission receive the notice required by Subsection (c) unless before the 90th day after the date the notice is received the commission has commenced a proceeding under Subchapter C or the attorney general has commenced a civil suit under Subchapter D concerning at least one of the alleged violations set forth in the notice.
(e)  If a local government, a person affected, or an authorized agent discovers a violation that is within 120 days of the expiration of the limitations period described in Section 7.360, the local government, person affected, or authorized agent may institute a claim described by Subsection (b) on or after the 45th day after the date the attorney general and the executive director of the commission receive the notice required by Subsection (c) unless before the 45th day after the date the notice is received the commission has commenced a proceeding under Subchapter C or the attorney general has commenced a civil suit under Subchapter D concerning at least one of the alleged violations set forth in the notice.  In the circumstances described by this subsection, in addition to providing the notice required by Subsection (c), the local government, person affected, or authorized agent must:
(1)  provide a copy of the notice by certified mail or hand delivery to the chief of the division of the attorney general's office responsible for handling environmental enforcement claims; and
(2)  include with the copy of the notice under Subdivision (1) a statement providing that the copy of the notice is being provided pursuant to this subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 857 (H.B. 2533), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.352. Resolution Required

Sec. 7.352.  RESOLUTION REQUIRED.  In the case of a violation of Chapter 26 of this code or Chapter 382, Health and Safety Code, a local government may not exercise the enforcement power authorized by this subchapter unless its governing body adopts a resolution authorizing the exercise of the power.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.353. Commission Necessary Party

Sec. 7.353.  COMMISSION NECESSARY PARTY.  In a suit brought by a local government under this subchapter, the commission is a necessary and indispensable party.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.354. Costs and Fees

Sec. 7.354.  COSTS AND FEES.  A penalty collected in a suit under this subchapter for a violation of Chapter 28 of this code or Chapter 401, Health and Safety Code, shall be paid to the state.  If the suit is brought by a local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter, the court shall include in any final judgment in favor of the local government or affected person an award to cover reasonable costs and attorney's fees.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.355. Complaints

Sec. 7.355.  COMPLAINTS.  In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with the commission a written complaint and may request an investigation of an alleged violation by a person who holds a permit subject to the commission's jurisdiction.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.356. Commission Reply

Sec. 7.356.  COMMISSION REPLY.  The commission shall reply to the local government or person affected who filed a complaint under Section 7.355 in writing not later than the 60th day after the complaint is received and shall provide a copy of any investigation report relevant to the complaint together with a determination of whether the alleged violation was committed.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.358. Other Requirements

Sec. 7.358.  OTHER REQUIREMENTS.  In the case of a violation of Chapter 1903, Occupations Code, the regulatory authority of any local government may require compliance with any reasonable inspection requirements or ordinances or regulations designed to protect the public water supply and pay any reasonable fees imposed by the local government relating to work performed within its jurisdiction.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.846, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.359. Factors to Be Considered in Determining Amount of Civil Penalty

Sec. 7.359.  FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT OF CIVIL PENALTY.  In determining the amount of a civil penalty to be assessed in a suit brought by a local government under this subchapter, the trier of fact shall consider the factors described by Section 7.053.
Added by Acts 2015, 84th Leg., R.S., Ch. 543 (H.B. 1794), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter H. Suit by Others › Section 7.360. Limitations

Sec. 7.360.  LIMITATIONS.  A suit for a civil penalty that is brought by a local government under this subchapter must be brought not later than the fifth anniversary of the earlier of the date the person who committed the violation:
(1)  notifies the commission in writing of the violation; or
(2)  receives a notice of enforcement from the commission with respect to the alleged violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 543 (H.B. 1794), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter A. General Provisions › Section 8.001. Definitions

Sec. 8.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Southwestern States Water Commission.
(2)  "Commissioner" means a member of the commission.
(3)  "Board" means the Texas Water Development Board.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.001 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54) eff. Sept. 1, 1987.  Renumbered from Sec. 6.001 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 2, eff. June 19, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.011. Creation of Commission

Sec. 8.011.  CREATION OF COMMISSION.  The Southwestern States Water Commission is created as an advisory commission to the governor and the legislature.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.011 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54) eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.013. Commissioners; Appointment

Sec. 8.013.  COMMISSIONERS;  APPOINTMENT.  (a)  The commission is composed of three commissioners as follows:
(1)  the governor or the governor's designee;
(2)  a member of the standing committee of the house of representatives that has jurisdiction over natural resources, appointed by the governor; and
(3)  a member of the standing committee of the senate that has jurisdiction over water issues, appointed by the governor.
(b)  The governor or the governor's designee shall act as the official representative of this state on the commission and shall exercise all powers and duties of this state as a member of the commission.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.013 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 46.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.015. Terms

Sec. 8.015.  TERMS.  (a)  The two appointed commissioners serve staggered terms of four years, with the term of one appointed commissioner expiring on February 1 of each odd-numbered year.
(b)  Each appointed commissioner serves until the commissioner's successor is appointed.
(c)  A vacancy in an appointed position on the commission shall be filled for the unexpired portion of the term in the same manner as the original appointment.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.015 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 46.02, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.016. Chairman

Sec. 8.016.  CHAIRMAN.  The governor or the governor's designee shall serve as chairman of the commission.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.016 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.017. Commission Meetings

Sec. 8.017.  COMMISSION MEETINGS.  (a)  The commission shall meet at least quarterly on a day and at a place within the state selected by it.
(b)  A meeting of the commission may be recessed at the discretion of the commission.
(c)  The chairman or two commissioners may call a special meeting at any time by giving notice to the other commissioner or commissioners.
(d)  The chairman shall preside at all meetings of the commission.
(e)  A majority of the commissioners constitute a quorum to transact business of the commission.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.017 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.019. Administrative Support

Sec. 8.019.  ADMINISTRATIVE SUPPORT.  The board shall provide administrative support to the commission to assist the commission in carrying out this chapter.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.019 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.  Renumbered from Sec. 6.019 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 2, eff. June 19, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter B. Organizational and Administrative Provisions › Section 8.020. Special Representatives

Sec. 8.020.  SPECIAL REPRESENTATIVES.  In cooperating with or carrying out discussions with a particular state under Section 8.051 of this code or in negotiating with a particular state under Section 8.056 of this code, the commission may appoint one or more persons who reside within an area of this state that is adjacent to the particular state with which this state is cooperating, having discussions, or negotiating, and who are knowledgeable with regard to the water concerns of the adjacent state, to join the commission in the cooperative activity, discussions, or negotiations and to advise the commission.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.020 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(55), eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter C. Powers and Duties › Section 8.051. Interaction With Other States

Sec. 8.051.  INTERACTION WITH OTHER STATES.  (a)  In cooperation with representatives of neighboring states, the commission may discuss the water needs of the region.
(b)  The commission may initiate and carry out discussions with representatives of neighboring states relating to the identification and development of sources and methods of augmenting water supplies on a regional basis after existing water supplies are fully committed.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.051 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter C. Powers and Duties › Section 8.052. Interaction With Mexico

Sec. 8.052.  INTERACTION WITH MEXICO.  The commission may confer with the government of Mexico concerning water needs and development of sources of water supply.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.052 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter C. Powers and Duties › Section 8.054. Designating Water Deficient Areas

Sec. 8.054.  DESIGNATING WATER DEFICIENT AREAS.  The commission shall designate areas of the state in which the present and future water supply is not sufficient to meet the future requirements of those areas, even after giving full consideration to the effects of water conservation in the projections of future needs.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.054 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter C. Powers and Duties › Section 8.055. Reports

Sec. 8.055.  REPORTS.  The commission shall make recommendations to the governor and to the legislature relating to potential water source areas and the necessary methods to bring the water to those areas in this state that need water.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.055 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 8 - Southwestern States Water Commission › Subchapter C. Powers and Duties › Section 8.056. Compacts

Sec. 8.056.  COMPACTS.  The commission may contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer underlies several states, and addressing other related subjects that would be beneficial to the states including the conservation and beneficial use of water.
Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 6.056 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 451 (H.B. 163), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.001. Definitions

Sec. 10.001.  DEFINITIONS.  In this chapter:
(1)  "Best management practices" has the meaning assigned by Section 11.002.
(2)  "Board" means the Texas Water Development Board.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  "Council" means the Water Conservation Advisory Council.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.002. Purpose

Sec. 10.002.  PURPOSE.  The council is created to provide the governor, lieutenant governor, speaker of the house of representatives, legislature, board, commission, political subdivisions, and public with the resource of a select council with expertise in water conservation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.003. Creation and Membership

Sec. 10.003.  CREATION AND MEMBERSHIP.  (a)  The council is composed of 23 members appointed by the board. The board shall appoint one member to represent each of the following entities or interest groups:
(1)  Texas Commission on Environmental Quality;
(2)  Department of Agriculture;
(3)  Parks and Wildlife Department;
(4)  State Soil and Water Conservation Board;
(5)  Texas Water Development Board;
(6)  regional water planning groups;
(7)  federal agencies;
(8)  municipalities;
(9)  groundwater conservation districts;
(10)  river authorities;
(11)  environmental groups;
(12)  irrigation districts;
(13)  institutional water users;
(14)  professional organizations focused on water conservation;
(15)  higher education;
(16)  agricultural groups;
(17)  refining and chemical manufacturing;
(18)  electric generation;
(19)  mining and recovery of minerals;
(20)  landscape irrigation and horticulture;
(21)  water control and improvement districts;
(22)  rural water users;  and
(23)  municipal utility districts.
(b)  Each entity or interest group described by Subsection (a) may recommend one or more persons to fill the position on the council held by the member who represents that entity or interest group.  If one or more persons are recommended for a position on the council, the board shall appoint one of the persons recommended to fill the position.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.004. Terms

Sec. 10.004.  TERMS.  (a)  Members of the council serve staggered terms of six years, with seven or eight members' terms, as applicable, expiring August 31 of each odd-numbered year.
(b)  The board shall fill a vacancy on the council for the unexpired term by appointing a person who has the same qualifications as required under Section 10.003 for the person who previously held the vacated position.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.005. Presiding Officer

Sec. 10.005.  PRESIDING OFFICER.  The council members shall select one member as the presiding officer of the council to serve in that capacity until the person's term as a council member expires.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.006. Council Staff

Sec. 10.006.  COUNCIL STAFF.  On request by the council, the board shall provide any necessary staff to assist the council in the performance of its duties.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.007. Public Meetings and Public Information

Sec. 10.007.  PUBLIC MEETINGS AND PUBLIC INFORMATION.  (a)  The council may hold public meetings as needed to fulfill its duties under this chapter.
(b)  The council is subject to Chapters 551 and 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.008. Inapplicability of Advisory Committee Law

Sec. 10.008.  INAPPLICABILITY OF ADVISORY COMMITTEE LAW.  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the council.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.009. Compensation of Members

Sec. 10.009.  COMPENSATION OF MEMBERS.  (a)  Members of the council serve without compensation but may be reimbursed by legislative appropriation for actual and necessary expenses related to the performance of council duties.
(b)  Reimbursement under Subsection (a) is subject to the approval of the presiding officer of the council.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.010. Powers and Duties of Council

Sec. 10.010.  POWERS AND DUTIES OF COUNCIL.  The council shall:
(1)  monitor trends in water conservation implementation;
(2)  monitor new technologies for possible inclusion by the board as best management practices in the best management practices guide developed by the water conservation implementation task force under Chapter 109, Acts of the 78th Legislature, Regular Session, 2003;
(3)  monitor the effectiveness of the statewide water public awareness program developed under Section 16.026 and associated local involvement in implementation of the program;
(4)  develop and implement a state water management resource library;
(5)  develop and implement a public recognition program for water conservation;
(6)  monitor the implementation of water conservation strategies by water users included in regional water plans; and
(7)  monitor target and goal guidelines for water conservation to be considered by the board and commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 10 - Water Conservation Advisory Council › Section 10.011. Report

Sec. 10.011.  REPORT.  Not later than December 1 of each even-numbered year, the council shall submit to the governor, lieutenant governor, and speaker of the house of representatives:
(1)  a report on progress made in water conservation in this state; and
(2)  recommendations for legislation to advance water conservation in this state, which may include conservation through the reduction of the amount of water lost because of evaporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1151 (S.B. 551), Sec. 1, eff. September 1, 2015.