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
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 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution
Section 5.1035. Rules Regarding Drinking-Water Standards
Section 5.104. Memoranda of Understanding
Section 5.106. Budget Approval
Section 5.107. Advisory Committees, Work Groups, and Task Forces
Section 5.108. Executive Director
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 5.120. 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 5.129. 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