Texas Statutes
Subchapter D. General Powers and Duties of the Commission
Section 5.103. Rules

Sec. 5.103. RULES. (a) The commission shall adopt any rules necessary to carry out its powers and duties under this code and other laws of this state.
(b) The commission shall adopt reasonable procedural rules to be followed in a commission hearing. The executive director may recommend to the commission for its consideration any rules that he considers necessary.
(c) Rules shall be adopted in the manner provided by Chapter 2001, Government Code. As provided by that Act, the commission must adopt rules when adopting, repealing, or amending any agency statement of general applicability that interprets or prescribes law or policy or describes the procedure or practice requirements of an agency. The commission shall follow its own rules as adopted until it changes them in accordance with that Act.
(d) The commission shall include as a part of each rule the commission adopts, and each proposed rule for adoption after the effective date of this subsection, a citation to the statute that grants the specific regulatory authority under which the rule is justified and a citation of the specific regulatory authority that will be exercised. If no specific statutory authority exists and the agency is depending on this section, citation of this section, or Section 5.102 or 5.013, is sufficient. A rule adopted in violation of this subsection is void.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 802, Sec. 1, eff. June 18, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 965, Sec. 1.09, eff. Sept. 1, 2001.

Structure Texas Statutes

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 5.101. Scope of Subchapter

Section 5.102. General Powers

Section 5.103. Rules

Section 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution

Section 5.1035. Rules Regarding Drinking-Water Standards

Section 5.104. Memoranda of Understanding

Section 5.105. General Policy

Section 5.106. Budget Approval

Section 5.107. Advisory Committees, Work Groups, and Task Forces

Section 5.108. Executive Director

Section 5.109. Chief Clerk

Section 5.110. General Counsel

Section 5.111. Standards of Conduct

Section 5.112. Public Testimony Policy

Section 5.113. Commission and Staff Responsibility Policy

Section 5.114. Applications and Other Documents

Section 5.115. Persons Affected in Commission Hearings; Notice of Application

Section 5.116. Hearings; Recess

Section 5.117. Mandatory Enforcement Hearing

Section 5.1175. Payment of Penalty by Installment

Section 5.118. Power to Administer Oaths

Section 5.119. Commission to Be Knowledgeable

Section 5.1191. Research Model

Section 5.1192. Coordination of Research

Section 5.1193. Report

Section 5.120. Conservation and Quality of Environment

Section 5.121. Public Information

Section 5.122. Delegation of Uncontested Matters to Executive Director

Section 5.124. Authority to Award Grants

Section 5.125. Cost-Sharing for Environmental Compliance Assessments by Certain Businesses

Section 5.126. Report on Enforcement Actions

Section 5.127. Environmental Management Systems

Section 5.128. Electronic Reporting to Commission; Electronic Transmission of Information by Commission; Reduction of Duplicate Reporting

Section 5.129. Summary for Public Notices

Section 5.130. Consideration of Cumulative Risks

Section 5.132. Creation of Performance Measures for Innovative Regulatory Programs

Section 5.133. Actions in Mexico

Section 5.134. Use of Environmental Testing Laboratory Data and Analysis

Section 5.135. Small Business Compliance Assistance Program