Texas Statutes
Subchapter L. Emergency and Temporary Orders
Section 5.504. Hearing to Affirm, Modify, or Set Aside Order

Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER. (a) If the commission, the executive director, or the executive director's representative issues an emergency order under this subchapter without a hearing, the order shall set a time and place for a hearing to affirm, modify, or set aside the emergency order to be held before the commission or its designee as soon as practicable after the order is issued.
(b) At or following the hearing required under Subsection (a), the commission shall affirm, modify, or set aside the emergency order.
(c) A hearing to affirm, modify, or set aside an emergency order shall be conducted in accordance with Chapter 2001, Government Code, and commission rules. Commission rules concerning a hearing to affirm, modify, or set aside an emergency order must provide for presentation of evidence by the applicant under oath, presentation of rebuttal evidence, and cross-examination of witnesses.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.

Structure Texas Statutes

Texas Statutes

Water Code

Title 2 - Water Administration

Subtitle A - Executive Agencies

Chapter 5 - Texas Commission on Environmental Quality

Subchapter L. Emergency and Temporary Orders

Section 5.501. Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition

Section 5.502. Application for Emergency or Temporary Order

Section 5.503. Notice of Issuance

Section 5.504. Hearing to Affirm, Modify, or Set Aside Order

Section 5.505. Term of Order

Section 5.506. Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses

Section 5.507. Emergency Order for Operation of Utility That Discontinues Operation or Is Referred for Appointment of Receiver

Section 5.509. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants

Section 5.510. Emergency Order Concerning Underground or Aboveground Storage Tanks

Section 5.511. Emergency Administrative Order Concerning Imminent and Substantial Endangerment

Section 5.512. Emergency Order Concerning Activity of Solid Waste Management

Section 5.513. Emergency Order Concerning On-Site Sewage Disposal System

Section 5.514. Order Issued Under Air Emergency

Section 5.5145. Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit

Section 5.5146. Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit

Section 5.515. Emergency Order Because of Catastrophe

Section 5.516. Emergency Order Under Section 401