Sec. 26.0283. DENIAL OF APPLICATION FOR PERMIT; ASSISTANCE PROVIDED BY CERTAIN FORMER EMPLOYEES. (a) In this section, "former employee" means a person:
(1) who was previously employed by the commission as a supervisory or exempt employee; and
(2) whose duties during employment with the commission included involvement in or supervision of the commission's review, evaluation, or processing of applications.
(b) The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer the permit if the board determines that a former employee:
(1) participated personally and substantially as a former employee in the commission's review, evaluation, or processing of that application before leaving his employment with the commission; and
(2) after leaving his employment with the commission, provided assistance with the application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(c) The commission shall provide an opportunity for a hearing to an applicant before denying an application under this section.
(d) Action taken under this section will not prejudice any application other than an application in which the former employee provided assistance.
Added by Acts 1989, 71st Leg., ch. 1175, Sec. 2, eff. Sept. 1, 1989.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle D - Water Quality Control
Chapter 26 - Water Quality Control
Subchapter B. General Powers and Duties
Section 26.012. State Water Quality Plan
Section 26.013. Research, Investigations
Section 26.0135. Watershed Monitoring and Assessment of Water Quality
Section 26.0136. Water Quality Management
Section 26.014. Power to Enter Property
Section 26.015. Power to Examine Records
Section 26.0151. Public Information
Section 26.018. Contracts, Instruments
Section 26.0191. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants
Section 26.020. Hearing Powers
Section 26.021. Delegation of Hearing Powers
Section 26.022. Notice of Hearings; Continuance
Section 26.023. Water Quality Standards
Section 26.024. Hearings on Standards; Consultation
Section 26.025. Hearings on Standards; Notice to Whom
Section 26.026. Standards to Be Published
Section 26.027. Commission May Issue Permits
Section 26.0271. Permits Authorizing Reuse Water System Contributions and Discharges
Section 26.0272. Permits Authorizing Discharges From Certain Seawater Desalination Facilities
Section 26.028. Action on Application
Section 26.0281. Consideration of Compliance History
Section 26.0282. Consideration of Need and Regional Treatment Options
Section 26.0283. Denial of Application for Permit; Assistance Provided by Certain Former Employees
Section 26.0286. Procedures Applicable to Permits for Certain Concentrated Animal Feeding Operations
Section 26.029. Conditions of Permit; Amendment
Section 26.0291. Water Quality Fee
Section 26.0292. Fees Charged to Aquaculture Facilities
Section 26.030. Permit; Effect on Recreational Water
Section 26.0301. Wastewater Operations Company Registration and Operator Licensing
Section 26.0311. Standards for Control of Graywater
Section 26.033. Rating of Waste Disposal Systems
Section 26.034. Approval of Disposal System Plans
Section 26.0345. Discharge From Aquaculture Facilities
Section 26.035. Federal Grants
Section 26.036. Water Quality Management Plans
Section 26.037. Approval of Plans
Section 26.038. Fiscal Control on Water Quality Management Planning
Section 26.039. Accidental Discharges and Spills
Section 26.040. General Permits
Section 26.0405. General Permits for Certain Sewage Treatment and Disposal Systems
Section 26.041. Health Hazards
Section 26.042. Monitoring and Reporting
Section 26.044. Disposal of Boat Sewage
Section 26.045. Pump-Out Facilities for Boat Sewage
Section 26.046. Hearings on Protection of Edwards Aquifer From Pollution
Section 26.0461. Fees for Edwards Aquifer Plans
Section 26.048. Prohibition of Discharge to a Playa From a Concentrated Animal Feeding Operation
Section 26.049. Sanitary Sewer Overflows
Section 26.0491. Model Standards to Prevent Discharge of Untreated Wastewater From Sanitary Sewers
Section 26.050. Digital Copies of Boundary Lines
Section 26.052. Limited Liability for Aquatic Herbicide Application