CHAPTER 301. WEATHER MODIFICATION AND CONTROL

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AGRICULTURE CODE

TITLE 9. WEATHER AND CLIMATE

CHAPTER 301. WEATHER MODIFICATION AND CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 301.001. DEFINITIONS. In this chapter:

(1) "Executive director" means the executive director of the

Texas Department of Licensing and Regulation.

(2) "Operation" means the performance of weather modification

and control activities entered into for the purpose of producing

or attempting to produce a certain modifying effect within one

geographical area over one continuing time interval not exceeding

four years.

(3) "Research and development" means theoretical analysis,

exploration, experimentation, and the extension of investigative

findings and theories of a scientific or technical nature into

practical application for experimental and demonstration

purposes, including the experimental production and testing of

models, devices, equipment, materials, and processes.

(4) "Weather modification and control" means changing or

controlling, or attempting to change or control, by artificial

methods the natural development of atmospheric cloud forms or

precipitation forms that occur in the troposphere.

(5) "Weather modification and control program" means the

research, development, licensing, and permitting and other

associated activities to be administered by the Texas Department

of Licensing and Regulation.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER B. POWERS AND DUTIES OF TEXAS DEPARTMENT OF LICENSING

AND REGULATION

Sec. 301.051. RULES. The Texas Department of Licensing and

Regulation may adopt rules necessary to:

(1) exercise the powers and perform the duties under this

chapter;

(2) establish procedures and conditions for the issuance of

licenses and permits under this chapter; and

(3) establish standards and instructions to govern the carrying

out of research or projects in weather modification and control

that the Texas Department of Licensing and Regulation considers

necessary or desirable to minimize danger to health or property.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.052. STUDIES; INVESTIGATIONS; HEARINGS. The Texas

Department of Licensing and Regulation may make any studies or

investigations, obtain any information, and hold any hearings

necessary or proper to administer or enforce this chapter or any

rules or orders issued under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.053. ADVISORY COMMITTEES. The Texas Department of

Licensing and Regulation may establish advisory committees to

advise the Texas Department of Licensing and Regulation and to

make recommendations to the Texas Department of Licensing and

Regulation concerning legislation, policies, administration,

research, and other matters related to the duties, powers, or

functions of the Texas Department of Licensing and Regulation

under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.054. PERSONNEL. The executive director may, as

provided by the General Appropriations Act, appoint and fix the

compensation of any personnel, including specialists and

consultants, necessary to perform duties and functions under this

chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.055. MATERIALS AND EQUIPMENT. The Texas Department of

Licensing and Regulation may acquire in the manner provided by

law any materials, equipment, and facilities necessary to the

performance of its duties and functions under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.056. INTERSTATE COMPACTS. The executive director may

represent the state in matters pertaining to plans, procedures,

or negotiations for interstate compacts relating to weather

modification and control.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.057. CONTRACTS AND COOPERATIVE AGREEMENTS. (a) The

Texas Department of Licensing and Regulation may cooperate with

public or private agencies to promote the purposes of this

chapter.

(b) The Texas Department of Licensing and Regulation may enter

into cooperative agreements with the United States or any of its

agencies, with counties and municipalities of this state, or with

any private or public agencies for conducting weather

modification or cloud-seeding operations.

represent the state, counties, municipalities, and public and

private agencies in contracting with private concerns for the

performance of weather modification or cloud-seeding operations.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.058. PROMOTION OF RESEARCH AND DEVELOPMENT. (a) In

order to assist in expanding the theoretical and practical

knowledge of weather modification and control, the Texas

Department of Licensing and Regulation shall promote continuous

research and development in:

(1) the theory and development of methods of weather

modification and control, including processes, materials, and

devices related to these methods;

(2) the use of weather modification and control for

agricultural, industrial, commercial, and other purposes; and

(3) the protection of life and property during research and

operational activities.

(b) The Texas Department of Licensing and Regulation with

approval of the executive director may conduct and may contract

for research and development activities relating to the purposes

of this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.059. GRANTS AND GIFTS. Subject to any limitations

imposed by law, the Texas Department of Licensing and Regulation

may accept federal grants, private gifts, and donations from any

other source. Unless the use of the money is restricted or

subject to any limitations provided by law, the Texas Department

of Licensing and Regulation may spend the money for the

administration of this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.060. DISPOSITION OF LICENSE AND PERMIT FEES. The Texas

Department of Licensing and Regulation shall deposit all license

and permit fees in the state treasury.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER C. LICENSES AND PERMITS

Sec. 301.101. LICENSE AND PERMIT REQUIRED. Except as provided

by rule of the Texas Department of Licensing and Regulation under

Section 301.102, a person may not engage in activities for

weather modification and control:

(1) without a weather modification license and weather

modification permit issued by the department; or

(2) in violation of any term or condition of the license or

permit.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.102. EXEMPTIONS. (a) The Texas Department of

Licensing and Regulation by rule, to the extent it considers

exemptions practical, shall provide for exempting the following

activities from the license and permit requirements of this

chapter:

(1) research, development, and experiments conducted by state

and federal agencies, institutions of higher learning, and bona

fide nonprofit research organizations;

(2) laboratory research and experiments;

(3) activities of an emergent nature for protection against

fire, frost, sleet, or fog; and

(4) activities normally conducted for purposes other than

inducing, increasing, decreasing, or preventing precipitation or

hail.

(b) The Texas Department of Licensing and Regulation by rule may

modify or revoke an exemption.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.103. ISSUANCE OF LICENSE. (a) The Texas Department of

Licensing and Regulation, in accordance with the rules adopted

under this chapter, shall issue a weather modification license to

each applicant who:

(1) pays the license fee; and

(2) demonstrates, to the satisfaction of the Texas Department of

Licensing and Regulation, competence in the field of meteorology

that is reasonably necessary to engage in weather modification

and control activities.

(b) If the applicant is an organization, the competence must be

demonstrated by the individual or individuals who are to be in

control and in charge of the operation for the applicant.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.105. EXPIRATION DATE. Each original or renewal license

expires at the end of the state fiscal year for which it was

issued.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.106. RENEWAL LICENSE. At the expiration of the license

period, the Texas Department of Licensing and Regulation shall

issue a renewal license to each applicant who pays the license

fee and who has the qualifications necessary for issuance of an

original license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.107. ISSUANCE OF PERMIT. (a) The Texas Department of

Licensing and Regulation, in accordance with the rules adopted

under this chapter and on a finding that the weather modification

and control operation as proposed in the permit application will

not significantly dissipate the clouds and prevent their natural

course of developing rain in the area in which the operation is

to be conducted to the material detriment of persons or property

in that area, and after approval at an election if governed by

Subchapter D, may issue a weather modification permit to each

applicant who:

(1) holds a valid weather modification license;

(2) pays the permit fee;

(3) publishes a notice of intention and submits proof of

publication as required by this chapter; and

(4) furnishes proof of financial responsibility.

(b) The Texas Department of Licensing and Regulation shall, if

requested by at least 25 persons, hold at least one public

hearing in the area where the operation is to be conducted prior

to the issuance of a permit.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.109. SCOPE OF PERMIT. A separate permit is required

for each operation. If an operation is to be conducted under

contract, a permit is required for each separate contract. The

Texas Department of Licensing and Regulation may not issue a

permit for a contracted operation unless it covers a continuous

period not to exceed four years.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.110. APPLICATION AND NOTICE OF INTENTION. Before

undertaking any operation, a license holder must file an

application for a permit and have a notice of intention published

as required by this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.111. CONTENT OF NOTICE. In the notice of intention,

the applicant must include:

(1) the name and address of the license holder;

(2) the nature and object of the intended operation and the

person or organization on whose behalf it is to be conducted;

(3) the area in which and the approximate time during which the

operation is to be conducted;

(4) the area that is intended to be affected by the operation;

and

(5) the materials and methods to be used in conducting the

operation.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.112. PUBLICATION OF NOTICE. The notice of intention

required under Section 301.110 must be published at least once a

week for three consecutive weeks in a newspaper of general

circulation in each county in which the operation is to be

conducted.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.113. PROOF OF PUBLICATION; AFFIDAVIT. The applicant

shall file proof of the publication, together with the

publishers' affidavits, with the Texas Department of Licensing

and Regulation during the 15-day period immediately after the

date of the last publication.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.114. PROOF OF FINANCIAL RESPONSIBILITY. Proof of

financial responsibility is made by showing to the satisfaction

of the Texas Department of Licensing and Regulation that the

license holder has the ability to respond in damages for

liability that might reasonably result from the operation for

which the permit is sought.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.115. MODIFICATION OF PERMIT. The Texas Department of

Licensing and Regulation may modify the terms and conditions of a

permit if:

(1) the license holder is first given notice and a reasonable

opportunity for a hearing on the need for a modification; and

(2) it appears to the Texas Department of Licensing and

Regulation that a modification is necessary to protect the health

or property of any person.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.116. SCOPE OF ACTIVITY. Once a permit is issued, the

license holder shall confine the license holder's activities

substantially within the limits of time and area specified in the

notice of intention, except to the extent that the limits are

modified by the Texas Department of Licensing and Regulation. The

license holder shall comply with any terms and conditions of the

permit as originally issued or as subsequently modified by the

Texas Department of Licensing and Regulation.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.117. RECORDS AND REPORTS. (a) A license holder shall

keep a record of each operation conducted under a permit,

showing:

(1) the method employed;

(2) the type of equipment used;

(3) the kind and amount of each material used;

(4) the times and places the equipment is operated;

(5) the name and mailing address of each individual, other than

the license holder, who participates or assists in the operation;

and

(6) other information required by the Texas Department of

Licensing and Regulation.

(b) The Texas Department of Licensing and Regulation shall

require written reports for each operation, whether the operation

is exempt or conducted under a permit. A license holder shall

submit a written report at the time and in the manner required by

the Texas Department of Licensing and Regulation.

Texas Department of Licensing and Regulation before it is

released to the public.

(d) The reports and records in the custody of the Texas

Department of Licensing and Regulation shall be kept open for

public inspection.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER D. ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES

AUTHORIZATION FOR HAIL SUPPRESSION

Sec. 301.151. DEFINITIONS. (a) In this subchapter:

(1) "Operational area" means that area that joins the target

area and is reasonably necessary to use in order to effectuate

the purposes over the target area without affecting the land or

landowners in the operational area.

(2) "Target area" means that area described by metes and bounds

or other specific bounded description set out in the application

for a permit.

(b) The Texas Department of Licensing and Regulation by rule

shall define hail suppression as used in this subchapter, using

the most current scientifically accepted technological concepts.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.152. OPERATIONAL AREA. (a) No part of an operational

area may be more than eight miles from the limits of the target

area.

(b) The operational area must be described by metes and bounds

or other specific bounded description and set out in the

application for a permit.

operational area, the Texas Department of Licensing and

Regulation may designate an area located inside and up to eight

miles from the limits of the target area described in the

application as the operational area of the permit for the

purposes of this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.153. DATE OF PERMIT ISSUANCE; PERMIT AREA. A permit

may not be issued by the Texas Department of Licensing and

Regulation before the end of the 30-day period immediately

following the first publication of notice and then only in:

(1) those counties or parts of counties in the target area or

operational area in which the majority of the qualified voters

voting have approved or have not disapproved the issuance of a

permit if an election has been held; or

(2) any county or part of a county in the target area or

operational area if no petition for an election has been filed.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.154. ELIGIBLE VOTERS. (a) Persons eligible to vote in

elections held under this subchapter include qualified voters in

counties or parts of counties included in the target area or

operational area.

(b) If the target area or operational area for a permit

including authorization for hail suppression includes only part

of a county, an election held under this subchapter may be held

only in the election precincts that are included entirely within

or are partially included in those areas, and only those

qualified voters residing in an election precinct or precincts of

the county included in the target area or operational area are

eligible to sign a petition and to vote at an election under this

subchapter. In computing the vote, only a majority of qualified

voters residing in those areas and voting in the election is

necessary to carry the proposition in that county.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.155. APPLICATION FOR PETITION SEEKING ELECTION. (a)

On written request of at least 25 qualified voters residing in

the target area or operational area mentioned in the notice

requesting an election accompanied by unsigned petitions, the

county clerk of each county within the target area or operational

area shall certify and mark for identification petitions for

circulation.

(b) An application for a petition seeking an election to

disapprove the issuance of a permit must:

(1) be headed "Application for Election to Disapprove a Weather

Modification Permit"; and

(2) contain the following statement just ahead of the signatures

of the applicants: "It is the hope, purpose, and intent of the

applicants whose signatures appear on this application to see

disapproved the issuance of a permit for weather modification,

including hail suppression."

the issuance of a permit must:

(1) be headed "Application for Election to Approve a Weather

Modification Permit"; and

(2) contain the following statement just ahead of the signatures

of the applicants: "It is the hope, purpose, and intent of the

applicants whose signatures appear on this application to see

approved the issuance of a permit for weather modification,

including hail suppression."

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.156. ELECTION ON PETITION. (a) On the return to the

county clerks of petitions signed by at least 10 percent of the

qualified voters residing in each county within the target area

or operational area in the notice requesting an election, the

commissioners court of each county shall call and hold an

election. Notice under Chapter 111, Local Government Code, of the

commissioners court meeting to call and hold the election is not

required. The date of the election shall be determined by the

commissioners court in accordance with this subchapter,

notwithstanding Sections 41.004 and 41.0041, Election Code.

(b) A petition under this subchapter must be filed with the

clerk of each county within 30 days immediately following the

date of the first publication of notice.

days after the date the petition is received to determine whether

or not the qualified voters in the target area or operational

area approve the issuance of the permit.

(d) Immediately on calling the election, the clerk of each

county within the target area or operational area shall notify

the executive director of the date of the election.

(e) Except as otherwise provided by this chapter, elections must

be held in accordance with the Election Code.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.157. PETITION REQUIREMENTS. (a) The petition for an

election under this subchapter must read substantially as

follows:

"The following qualified voters of __________ County request the

Commissioners Court of __________ County to call an election at

which the qualified voters shall be asked to vote on the

proposition of whether or not they approve of the issuance of a

weather modification permit that includes authorization for hail

suppression (description of area)."

(b) Each qualified voter signing the petition must give the

voter's full name and address and voter registration number.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.158. CERTIFICATION OF PETITION. (a) Within five days

after the date of receiving a petition under this subchapter, the

commissioners court shall have the county clerk of the county

check the names on the petition against the voter registration

lists of the county and certify to the commissioners court the

number of qualified voters signing the petition as reflected by

checking the county's voter registration lists. If only a part of

a county is included in the target area or operational area, the

county clerk shall also certify that those signing the petition

reside in an election precinct in the county totally or partially

included in the target area or operational area.

(b) On certification by the county clerk, the petition must be

filed with the official records of the county and be made

available for public inspection.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.159. DEPOSIT REQUIRED. (a) A person filing a petition

with the county clerk shall deposit with the county clerk an

amount of money estimated by the county clerk to be sufficient to

cover the costs of the election, to be held by the county clerk

until the result of the election to approve or disapprove the

issuance of the permit is officially announced.

(b) If the result of the election favors the party petitioning

for the election, the county clerk shall return the deposit to

the person filing the petition or to the person's agent or

attorney.

petitioning for the election, the county clerk shall pay the cost

and expenses of the election from the deposit and return the

balance of the deposit to the person filing the petition or to

the person's agent or attorney.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.160. FORM OF BALLOT. The ballots for an election under

this subchapter must be printed to provide for voting for or

against the proposition:

"The issuance of a permit providing for weather modification,

including authorization for hail suppression and control in

(description of area)."

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.161. ELECTION ORDER. (a) The order calling the

election shall provide for:

(1) the time and place or places for holding the election;

(2) the form of the ballots; and

(3) the presiding judge for each voting place.

(b) The commissioners court shall publish a copy of the election

order in a newspaper of general circulation in the county or in

the part of the county within the target area or operational area

at least 30 days preceding the day of the election.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.162. RESULTS OF ELECTION. (a) The presiding judge of

each voting place shall supervise the counting of all votes cast

and shall certify the results to the commissioners court not

later than the fifth day after the date of the election.

(b) A copy of the results must be filed with the county clerk

and is a public record.

the commissioners court shall declare the results.

(d) The commissioners court of each county holding an election

shall send certified copies of the results of the election to the

executive director not later than 24 hours after the results are

declared under Subsection (a).

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.163. ISSUANCE OR DENIAL OF PERMIT FOLLOWING ELECTION.

(a) If a majority of the qualified voters voting in the election

precincts any part of which are located in the target area vote

against issuance of the permit, a permit may not be issued.

(b) If a majority of the qualified voters voting in the election

precincts any part of which are located within the target area

vote in favor of issuance of the permit, the Texas Department of

Licensing and Regulation may issue the permit as provided in this

subchapter, except that if a majority of the qualified voters

voting in any of the following areas vote against issuance of the

permit, that area is excluded from the coverage of the permit:

(1) an election precinct any part of which is located in the

operational area; or

(2) an election precinct located wholly within the target area

and contiguous with its outer boundary.

that a weather modification and control operation is still

feasible, a permit may be issued covering areas in which no

election is requested or areas in which the voters give their

approval as provided by this subchapter.

(d) If a permit is denied under Subsection (a), an application

for a permit covering all or part of the same target area or

operational area that was denied may not be considered, and for a

period of two years following the date of the election, a permit

under that application may not be issued by the Texas Department

of Licensing and Regulation and an election may not be held under

this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.164. PERMIT FOR HAIL SUPPRESSION PROHIBITED OUTSIDE

TARGET AREA OR IN AREA EXCLUDED BY ELECTION. (a) A permit may

not be issued that provides for or allows the seeding of clouds

for hail suppression outside the target area or within those

counties or parts of counties located in any operational or

target areas that were excluded from the coverage of the permit

by an election under Section 301.163(a) or (b). Seeding may be

done in those counties or parts of counties located in the

operational or target area that were not excluded from the

coverage of the permit by an election under Section 301.163(a) or

(b), provided the seeding is reasonably calculated to take effect

only within the target area.

(b) This section does not prohibit the observation of cloud and

cloud formations.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.165. MONITOR OF PROGRAM. The Texas Department of

Licensing and Regulation may monitor any program under conditions

the Texas Department of Licensing and Regulation determines

advisable.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.166. PETITION IN ADJACENT COUNTY. (a) On petition as

provided in this subchapter, the commissioners court of any

county outside but adjacent to a county included in the

operational area of an existing or proposed permit shall call and

hold an election on the proposition of whether or not the

qualified voters of the county approve of the issuance of any

permit authorizing hail suppression in the county.

(b) If the county voters voting in the election disapprove the

issuance of permits authorizing hail suppression, the Texas

Department of Licensing and Regulation may not issue a permit

covering the county until the proposition has been approved at a

subsequent election.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.167. INCLUSION OF CERTAIN COUNTIES AND PARTS OF

COUNTIES. (a) If any county or part of a county has disapproved

the issuance of a permit at a previous election held under this

subchapter, that county or part of a county may not be included

in any permit issued by the Texas Department of Licensing and

Regulation until the voters of that county or part of a county

have participated in a subsequent election at which a permit is

approved.

(b) The applicant for a permit that includes that county or part

of a county has the burden of petitioning for an election and

depositing costs in the manner provided by this subchapter for

the original election to approve or disapprove a permit.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER E. SANCTIONS

Sec. 301.201. PENALTIES. A person who violates this chapter is

subject to Subchapters F and G, Chapter 51, Occupations Code, in

the same manner as a person regulated by the Texas Department of

Licensing and Regulation under other law is subject to those

subchapters.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.202. ACT OF GOD. If a person can establish that an

event that would otherwise be a violation of this chapter or a

rule adopted or order or permit issued under this chapter was

caused solely by an act of God, war, strike, riot, or other

catastrophe, the event is not a violation of this chapter or a

rule, order, or permit issued under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.203. DEFENSE EXCLUDED. Unless otherwise provided by

this chapter, the fact that a person holds a permit issued by the

Texas Department of Licensing and Regulation does not relieve

that person from liability for the violation of this chapter or a

rule adopted or order or permit issued under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER F. REVOCATION AND SUSPENSION OF PERMIT

Sec. 301.251. DEFINITION. In this subchapter, "permit holder"

includes each member of a partnership or association that is a

permit holder and, with respect to a corporation that is a permit

holder, each officer and the owner or owners of a majority of the

corporate stock, provided that the member or owner controls at

least 20 percent of the permit holder.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.252. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.

After notice and hearing, the Texas Department of Licensing and

Regulation may revoke or suspend a permit issued under this

chapter on any of the following grounds:

(1) violating any term or condition of the permit, and

revocation or suspension is necessary to maintain the quality of

water or the quality of air in the state, or to otherwise protect

human health and the environment consistent with the objectives

of the law within the jurisdiction of the Texas Department of

Licensing and Regulation;

(2) having a record of environmental violations in the preceding

five years at the permitted site;

(3) causing a discharge, release, or emission contravening a

pollution control standard set by the Texas Department of

Licensing and Regulation or contravening the intent of a law

within the jurisdiction of the Texas Department of Licensing and

Regulation;

(4) misrepresenting or failing to disclose fully all relevant

facts in obtaining the permit or misrepresenting to the Texas

Department of Licensing and Regulation any relevant fact at any

time;

(5) being indebted to the state for fees, payment of penalties,

or taxes imposed by the law within the department's jurisdiction;

(6) failing to ensure that the management of the permitted

facility conforms or will conform to the law within the

jurisdiction of the Texas Department of Licensing and Regulation;

(7) abandoning the permit or operations under the permit;

(8) the finding by the Texas Department of Licensing and

Regulation that a change in conditions requires elimination of

the discharge authorized by the permit; or

(9) failing to continue to possess qualifications necessary for

the issuance of the permit.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.253. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE.

(a) This section applies to a license issued under this chapter

or under a rule adopted under this chapter.

(b) After notice and hearing, the Texas Department of Licensing

and Regulation may suspend or revoke a license, place on

probation a person whose license has been suspended, reprimand a

license holder, or refuse to renew or reissue a license on any of

the following grounds:

(1) having a record of environmental violations in the preceding

five years at a permit site;

(2) committing fraud or deceit in obtaining the license;

(3) demonstrating gross negligence, incompetency, or misconduct

while acting as license holder;

(4) making an intentional misstatement or misrepresentation of

fact in information required to be maintained or submitted to the

Texas Department of Licensing and Regulation by the license

holder;

(5) failing to keep and transmit records as required by a law

within the jurisdiction of the Texas Department of Licensing and

Regulation;

(6) being indebted to the state for a fee, payment of a penalty,

or a tax imposed by a law within the jurisdiction of the Texas

Department of Licensing and Regulation; or

(7) failing to continue to possess qualifications necessary for

the issuance of the license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.254. PROCEDURES FOR NOTICE AND HEARINGS. The Texas

Department of Licensing and Regulation by rule shall establish

procedures for public notice and any public hearing under this

subchapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.255. HEARINGS. A hearing under this subchapter shall

be conducted in accordance with the hearing rules adopted by the

Texas Department of Licensing and Regulation and the applicable

provisions of Chapter 2001, Government Code.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.256. REVOCATION OR SUSPENSION BY CONSENT. If a permit

holder or license holder requests or consents to the revocation

or suspension of the permit or license, the executive director

may revoke or suspend the permit or license without a hearing.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.257. OTHER RELIEF. A proceeding brought by the Texas

Department of Licensing and Regulation under this subchapter does

not affect the authority of the Texas Department of Licensing and

Regulation to bring suit for injunctive relief or a penalty, or

both, under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

SUBCHAPTER G. IMMUNITY; CERTAIN LEGAL RELATIONSHIPS

Sec. 301.301. IMMUNITY OF STATE. The state and its officers and

employees are immune from liability for all weather modification

and control activities conducted by private persons or groups.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

Sec. 301.302. PRIVATE LEGAL RELATIONSHIPS. (a) This chapter

does not affect private legal relationships, except that an

operation conducted under the license and permit requirements of

this chapter is not an ultrahazardous activity that makes the

participants subject to liability without fault.

(b) The fact that a person holds a license or permit under this

chapter or that the person has complied with this chapter or the

rules issued under this chapter is not admissible as evidence in

any legal proceeding brought against the person.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff.

Sept. 1, 2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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