Texas Statutes
Subtitle A - Executive Agencies
Chapter 7 - Enforcement

Section 7.0025. Initiation of Enforcement Action Using Information Provided by Private Individual - Sec. 7.0025. INITIATION OF ENFORCEMENT ACTION USING INFORMATION PROVIDED BY...

Section 7.00251. Initiation of Certain Clean Air Act Enforcement Actions Using Information Provided by a Person - Sec. 7.00251. INITIATION OF CERTAIN CLEAN AIR ACT ENFORCEMENT ACTIONS...

Section 7.0026. Suspension of Enforcement Action Against Certain Regional Water, Sewer, or Solid Waste Services - Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST CERTAIN REGIONAL WATER,...

Section 7.003. Enforcement Report - Sec. 7.003. ENFORCEMENT REPORT. (a) The commission shall report at...

Section 7.004. Remedies Cumulative - Sec. 7.004. REMEDIES CUMULATIVE. The remedies under this chapter are...

Section 7.005. Effect on Other Law - Sec. 7.005. EFFECT ON OTHER LAW. This chapter does not...

Section 7.006. Enforcement Policies - Sec. 7.006. ENFORCEMENT POLICIES. (a) The commission by rule shall...

Subchapter B. Corrective Action and Injunctive Relief

Section 7.031. Corrective Action Relating to Hazardous Waste - Sec. 7.031. CORRECTIVE ACTION RELATING TO HAZARDOUS WASTE. (a) The...

Section 7.032. Injunctive Relief - Sec. 7.032. INJUNCTIVE RELIEF. (a) The executive director may enforce...

Section 7.033. Recovery of Security for Chapter 401, Health and Safety Code, Violation - Sec. 7.033. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND...

Section 7.034. Deferral of Penalty for Certain Utility Facilities - Sec. 7.034. DEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES. (a)...

Section 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities - Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN TREATMENT FACILITIES....

Subchapter C. Administrative Penalties

Section 7.051. Administrative Penalty - Sec. 7.051. ADMINISTRATIVE PENALTY. (a) The commission may assess an...

Section 7.052. Maximum Penalty - Sec. 7.052. MAXIMUM PENALTY. (a) The amount of the penalty...

Section 7.0525. Penalties for Violations Related to Certain Dry Cleaning Facilities - Sec. 7.0525. PENALTIES FOR VIOLATIONS RELATED TO CERTAIN DRY CLEANING...

Section 7.053. Factors to Be Considered in Determination of Penalty Amount - Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY...

Section 7.054. Report of Violation - Sec. 7.054. REPORT OF VIOLATION. If, after examination of a...

Section 7.055. Notice of Report - Sec. 7.055. NOTICE OF REPORT. Not later than the 10th...

Section 7.056. Consent - Sec. 7.056. CONSENT. Not later than the 20th day after...

Section 7.057. Default - Sec. 7.057. DEFAULT. If the person charged with the violation...

Section 7.058. Hearing - Sec. 7.058. HEARING. If the person charged requests or the...

Section 7.059. Notice of Decision - Sec. 7.059. NOTICE OF DECISION. The commission shall give notice...

Section 7.060. Notice of Penalty - Sec. 7.060. NOTICE OF PENALTY. If the commission is required...

Section 7.061. Payment of Penalty; Petition for Review - Sec. 7.061. PAYMENT OF PENALTY; PETITION FOR REVIEW. Within the...

Section 7.062. Stays - Sec. 7.062. STAYS. Within the 30-day period described by Section...

Section 7.063. Consent to Affidavit - Sec. 7.063. CONSENT TO AFFIDAVIT. If the executive director receives...

Section 7.064. Judicial Review - Sec. 7.064. JUDICIAL REVIEW. Judicial review of the order or...

Section 7.065. Penalty Reduced or Not Assessed - Sec. 7.065. PENALTY REDUCED OR NOT ASSESSED. (a) If the...

Section 7.066. Referral to Attorney General - Sec. 7.066. REFERRAL TO ATTORNEY GENERAL. A person who does...

Section 7.067. Supplemental Environmental Projects - Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The commission may compromise,...

Section 7.068. Full and Complete Satisfaction - Sec. 7.068. FULL AND COMPLETE SATISFACTION. Payment of an administrative...

Section 7.069. Disposition of Penalty - Sec. 7.069. DISPOSITION OF PENALTY. (a) Except as provided by...

Section 7.070. Findings of Fact Not Required; Reservations - Sec. 7.070. FINDINGS OF FACT NOT REQUIRED; RESERVATIONS. Notwithstanding any...

Section 7.071. Inadmissibility - Sec. 7.071. INADMISSIBILITY. An agreed administrative order issued by the...

Section 7.072. Recovery of Penalty - Sec. 7.072. RECOVERY OF PENALTY. An administrative penalty owed under...

Section 7.073. Corrective Action - Sec. 7.073. CORRECTIVE ACTION. If a person violates any statute...

Section 7.074. Hearing Powers - Sec. 7.074. HEARING POWERS. The commission may exercise under this...

Section 7.075. Public Comment - Sec. 7.075. PUBLIC COMMENT. (a) Before the commission approves an...

Subchapter D. Civil Penalties

Section 7.101. Violation - Sec. 7.101. VIOLATION. A person may not cause, suffer, allow,...

Section 7.102. Maximum Penalty - Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, allows,...

Section 7.1021. Maximum Civil Penalty: Violation of Community Right-to-Know Laws - Sec. 7.1021. MAXIMUM CIVIL PENALTY: VIOLATION OF COMMUNITY RIGHT-TO-KNOW LAWS....

Section 7.103. Continuing Violations - Sec. 7.103. CONTINUING VIOLATIONS. If it is shown on a...

Section 7.104. No Penalty for Failure to Pay Certain Fees - Sec. 7.104. NO PENALTY FOR FAILURE TO PAY CERTAIN FEES....

Section 7.105. Civil Suit - Sec. 7.105. CIVIL SUIT. (a) On the request of the...

Section 7.106. Resolution Through Administrative Order - Sec. 7.106. RESOLUTION THROUGH ADMINISTRATIVE ORDER. The attorney general's office...

Section 7.107. Division of Civil Penalty - Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit...

Section 7.108. Attorney's Fees - Sec. 7.108. ATTORNEY'S FEES. If the state prevails in a...

Section 7.109. Parks and Wildlife Department Jurisdiction - Sec. 7.109. PARKS AND WILDLIFE DEPARTMENT JURISDICTION. (a) If it...

Section 7.110. Comments - Sec. 7.110. COMMENTS. (a) Before the commission approves an agreed...

Section 7.111. Recovery of Security for Chapter 401, Health and Safety Code, Violation - Sec. 7.111. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND...

Subchapter E. Criminal Offenses and Penalties

Section 7.141. Definitions - Sec. 7.141. DEFINITIONS. In this subchapter: (1) "Appropriate regulatory agency"...

Section 7.142. Violations Relating to Unlawful Use of State Water - Sec. 7.142. VIOLATIONS RELATING TO UNLAWFUL USE OF STATE WATER....

Section 7.143. Violation of Minimum State Standards or Model Political Subdivision Rules - Sec. 7.143. VIOLATION OF MINIMUM STATE STANDARDS OR MODEL POLITICAL...

Section 7.145. Intentional or Knowing Unauthorized Discharge - Sec. 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE. (a) A person...

Section 7.147. Unauthorized Discharge - Sec. 7.147. UNAUTHORIZED DISCHARGE. (a) A person commits an offense...

Section 7.148. Failure to Properly Use Pollution Control Measures - Sec. 7.148. FAILURE TO PROPERLY USE POLLUTION CONTROL MEASURES. (a)...

Section 7.149. False Statement - Sec. 7.149. FALSE STATEMENT. (a) A person commits an offense...

Section 7.150. Failure to Notify or Report - Sec. 7.150. FAILURE TO NOTIFY OR REPORT. (a) A person...

Section 7.151. Failure to Pay Fee - Sec. 7.151. FAILURE TO PAY FEE. (a) A person commits...

Section 7.152. Intentional or Knowing Unauthorized Discharge and Knowing Endangerment - Sec. 7.152. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND KNOWING ENDANGERMENT....

Section 7.153. Intentional or Knowing Unauthorized Discharge and Endangerment - Sec. 7.153. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND ENDANGERMENT. (a)...

Section 7.154. Reckless Unauthorized Discharge and Endangerment - Sec. 7.154. RECKLESS UNAUTHORIZED DISCHARGE AND ENDANGERMENT. (a) A person...

Section 7.155. Violation Relating to Discharge or Spill - Sec. 7.155. VIOLATION RELATING TO DISCHARGE OR SPILL. (a) A...

Section 7.156. Violation Relating to Underground Storage Tank - Sec. 7.156. VIOLATION RELATING TO UNDERGROUND STORAGE TANK. (a) A...

Section 7.1565. Presumption - Sec. 7.1565. PRESUMPTION. If in the exercise of good faith...

Section 7.157. Violation Relating to Injection Wells - Sec. 7.157. VIOLATION RELATING TO INJECTION WELLS. (a) A person...

Section 7.158. Violation Relating to Plugging Wells - Sec. 7.158. VIOLATION RELATING TO PLUGGING WELLS. (a) A person...

Section 7.159. Violation Relating to Water Wells or Drilled or Mined Shafts - Sec. 7.159. VIOLATION RELATING TO WATER WELLS OR DRILLED OR...

Section 7.160. Violation Relating to Certain Subsurface Excavations - Sec. 7.160. VIOLATION RELATING TO CERTAIN SUBSURFACE EXCAVATIONS. (a) A...

Section 7.161. Violation Relating to Solid Waste in Enclosed Containers or Vehicles - Sec. 7.161. VIOLATION RELATING TO SOLID WASTE IN ENCLOSED CONTAINERS...

Section 7.162. Violations Relating to Hazardous Waste - Sec. 7.162. VIOLATIONS RELATING TO HAZARDOUS WASTE. (a) A person...

Section 7.163. Violations Relating to Hazardous Waste and Endangerment - Sec. 7.163. VIOLATIONS RELATING TO HAZARDOUS WASTE AND ENDANGERMENT. (a)...

Section 7.164. Violations Relating to Medical Waste: Large Generator - Sec. 7.164. VIOLATIONS RELATING TO MEDICAL WASTE: LARGE GENERATOR. (a)...

Section 7.165. Violations Relating to Medical Waste: Small Generator - Sec. 7.165. VIOLATIONS RELATING TO MEDICAL WASTE: SMALL GENERATOR. (a)...

Section 7.166. Violations Relating to Transportation of Medical Waste - Sec. 7.166. VIOLATIONS RELATING TO TRANSPORTATION OF MEDICAL WASTE. (a)...

Section 7.167. False Statements Relating to Medical Waste - Sec. 7.167. FALSE STATEMENTS RELATING TO MEDICAL WASTE. (a) A...

Section 7.168. Intentional or Knowing Violation Relating to Medical Waste and Knowing Endangerment - Sec. 7.168. INTENTIONAL OR KNOWING VIOLATION RELATING TO MEDICAL WASTE...

Section 7.169. Intentional or Knowing Violation Relating to Medical Waste and Endangerment - Sec. 7.169. INTENTIONAL OR KNOWING VIOLATION RELATING TO MEDICAL WASTE...

Section 7.170. Intentional or Knowing Release of Medical Waste Into Environment and Endangerment - Sec. 7.170. INTENTIONAL OR KNOWING RELEASE OF MEDICAL WASTE INTO...

Section 7.171. Reckless Release of Medical Waste Into Environment and Endangerment - Sec. 7.171. RECKLESS RELEASE OF MEDICAL WASTE INTO ENVIRONMENT AND...

Section 7.172. Failure of Sewage System Installer to Register - Sec. 7.172. FAILURE OF SEWAGE SYSTEM INSTALLER TO REGISTER. (a)...

Section 7.173. Violation Relating to Sewage Disposal - Sec. 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL. (a) A person...

Section 7.1735. Violation Relating to Maintenance of Sewage Disposal System - Sec. 7.1735. VIOLATION RELATING TO MAINTENANCE OF SEWAGE DISPOSAL SYSTEM....

Section 7.174. Violation of Sewage Disposal System Permit Provision - Sec. 7.174. VIOLATION OF SEWAGE DISPOSAL SYSTEM PERMIT PROVISION. (a)...

Section 7.175. Emergency Repair Not an Offense - Sec. 7.175. EMERGENCY REPAIR NOT AN OFFENSE. An emergency repair...

Section 7.176. Violations Relating to Handling of Used Oil - Sec. 7.176. VIOLATIONS RELATING TO HANDLING OF USED OIL. (a)...

Section 7.177. Violations of Clean Air Act - Sec. 7.177. VIOLATIONS OF CLEAN AIR ACT. (a) A person...

Section 7.178. Failure to Pay Fees Under Clean Air Act - Sec. 7.178. FAILURE TO PAY FEES UNDER CLEAN AIR ACT....

Section 7.179. False Representations Under Clean Air Act - Sec. 7.179. FALSE REPRESENTATIONS UNDER CLEAN AIR ACT. (a) A...

Section 7.180. Failure to Notify Under Clean Air Act - Sec. 7.180. FAILURE TO NOTIFY UNDER CLEAN AIR ACT. (a)...

Section 7.181. Improper Use of Monitoring Device - Sec. 7.181. IMPROPER USE OF MONITORING DEVICE. (a) A person...

Section 7.182. Reckless Emission of Air Contaminant and Endangerment - Sec. 7.182. RECKLESS EMISSION OF AIR CONTAMINANT AND ENDANGERMENT. (a)...

Section 7.183. Intentional or Knowing Emission of Air Contaminant and Knowing Endangerment - Sec. 7.183. INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT AND...

Section 7.1831. Violation of Locally Enforced Motor Vehicle Idling Limitations - Sec. 7.1831. VIOLATION OF LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS....

Section 7.184. Violations Relating to Low-Level Radioactive Waste - Sec. 7.184. VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE WASTE. (a) A...

Section 7.185. Knowing or Intentional Unauthorized Disposal of Lead-Acid Batteries - Sec. 7.185. KNOWING OR INTENTIONAL UNAUTHORIZED DISPOSAL OF LEAD-ACID BATTERIES....

Section 7.1851. Violations Relating to Community Right-to-Know Laws - Sec. 7.1851. VIOLATIONS RELATING TO COMMUNITY RIGHT-TO-KNOW LAWS. (a) A...

Section 7.186. Separate Offenses - Sec. 7.186. SEPARATE OFFENSES. Each day a person engages in...

Section 7.187. Penalties - Sec. 7.187. PENALTIES. (a) Except as provided by Subsection (b),...

Section 7.188. Repeat Offenses - Sec. 7.188. REPEAT OFFENSES. If it is shown at the...

Section 7.189. Venue - Sec. 7.189. VENUE. Venue for prosecution of an alleged violation...

Section 7.190. Disposition of Fines - Sec. 7.190. DISPOSITION OF FINES. A fine recovered through a...

Section 7.191. Notice of Conviction - Sec. 7.191. NOTICE OF CONVICTION. In addition to a sentence...

Section 7.192. Judgment of Conviction - Sec. 7.192. JUDGMENT OF CONVICTION. On conviction under this subchapter,...

Section 7.193. Peace Officers - Sec. 7.193. PEACE OFFICERS. For purposes of this subchapter, the...

Section 7.194. Allegations - Sec. 7.194. ALLEGATIONS. In alleging the name of a defendant...

Section 7.195. Summons and Arrest - Sec. 7.195. SUMMONS AND ARREST. (a) After a complaint is...

Section 7.196. Service of Summons - Sec. 7.196. SERVICE OF SUMMONS. (a) A peace officer shall...

Section 7.197. Arraignment and Pleadings - Sec. 7.197. ARRAIGNMENT AND PLEADINGS. In any criminal action instituted...

Section 7.198. Appearance - Sec. 7.198. APPEARANCE. (a) A defendant private corporation appears through...

Section 7.199. Fine Treated as Judgment in Civil Action - Sec. 7.199. FINE TREATED AS JUDGMENT IN CIVIL ACTION. If...

Section 7.200. Effect on Certain Other Laws - Sec. 7.200. EFFECT ON CERTAIN OTHER LAWS. Conduct punishable as...

Section 7.201. Defense Excluded - Sec. 7.201. DEFENSE EXCLUDED. It is not a defense to...

Section 7.202. Proof of Knowledge - Sec. 7.202. PROOF OF KNOWLEDGE. In determining whether a defendant...

Section 7.203. Criminal Enforcement Review - Sec. 7.203. CRIMINAL ENFORCEMENT REVIEW. (a) This section is applicable...

Subchapter F. Defenses

Section 7.251. Act of God - Sec. 7.251. ACT OF GOD. If a person can establish...

Section 7.252. Defenses to Endangerment Offenses - Sec. 7.252. DEFENSES TO ENDANGERMENT OFFENSES. It is an affirmative...

Section 7.253. Defenses Available to Person Responsible for Solid Waste Violations - Sec. 7.253. DEFENSES AVAILABLE TO PERSON RESPONSIBLE FOR SOLID WASTE...

Section 7.254. Defense to Used Oil Offenses - Sec. 7.254. DEFENSE TO USED OIL OFFENSES. It is an...

Section 7.255. Defense Excluded - Sec. 7.255. DEFENSE EXCLUDED. Unless otherwise provided by this chapter,...

Section 7.256. Compliance With Federal Occupational Safety and Health Standards - Sec. 7.256. COMPLIANCE WITH FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS....

Section 7.257. Defense to Nuisance or Trespass - Sec. 7.257. DEFENSE TO NUISANCE OR TRESPASS. (a) A person,...

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,"...

Section 7.302. Grounds for Revocation or Suspension of Permit - Sec. 7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT. (a)...

Section 7.303. Grounds for Revocation or Suspension of License, Certificate, or Registration - Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, CERTIFICATE,...

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...

Section 7.305. Procedures - Sec. 7.305. PROCEDURES. The commission by rule shall establish procedures...

Section 7.306. Hearings - Sec. 7.306. HEARINGS. A hearing under this subchapter shall be...

Section 7.307. Consent - Sec. 7.307. CONSENT. If the holder of a permit, license,...

Section 7.308. Other Relief - Sec. 7.308. OTHER RELIEF. A proceeding brought by the commission...

Section 7.309. Probation Requirements - Sec. 7.309. PROBATION REQUIREMENTS. If a license, certificate, or registration...

Section 7.310. Revocation or Suspension by County - Sec. 7.310. REVOCATION OR SUSPENSION BY COUNTY. With respect to...

Subchapter H. Suit by Others

Section 7.351. Civil Suits - Sec. 7.351. CIVIL SUITS. (a) Subject to Section 7.3511, if...

Section 7.3511. Procedure for Civil Penalty; Required Notice - Sec. 7.3511. PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE. (a) In...

Section 7.352. Resolution Required - Sec. 7.352. RESOLUTION REQUIRED. In the case of a violation...

Section 7.353. Commission Necessary Party - Sec. 7.353. COMMISSION NECESSARY PARTY. In a suit brought by...

Section 7.354. Costs and Fees - Sec. 7.354. COSTS AND FEES. A penalty collected in a...

Section 7.355. Complaints - Sec. 7.355. COMPLAINTS. In the case of a violation of...

Section 7.356. Commission Reply - Sec. 7.356. COMMISSION REPLY. The commission shall reply to the...

Section 7.358. Other Requirements - Sec. 7.358. OTHER REQUIREMENTS. In the case of a violation...

Section 7.359. Factors to Be Considered in Determining Amount of Civil Penalty - Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT OF...

Section 7.360. Limitations - Sec. 7.360. LIMITATIONS. A suit for a civil penalty that...

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Texas Statutes Subtitle A - Executive Agencies Chapter 7 - Enforcement

Texas Statutes
Subtitle A - Executive Agencies
Chapter 7 - Enforcement