Texas Codes

Tex. Water Code § 26.011 (2026)

In General

✓ current as of May 2026
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Sec. 26.011. IN GENERAL. Except as otherwise specifically provided, the commission shall administer the provisions of this chapter and shall establish the level of quality to be maintained in, and shall control the quality of, the water in this state as provided by this chapter. Waste discharges or impending waste discharges covered by the provisions of this chapter are subject to reasonable rules or orders adopted or issued by the commission in the public interest. The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities. This chapter does not apply to discharges of oil covered under Chapter 40, Natural Resources Code.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.065, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 10, Sec. 4, eff. March 28, 1991.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1987–2023 · leading case: FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000).
FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). · cites it 2× “See TEX. WATER CODE §§ 26.011, 26.0136. In addition, the Code delegates some water-quality maintenance responsibility to local governments.”
Browning-Ferris, Inc. v. Brazoria Cnty., 742 S.W.2d 43 (Tex. App. 1987). “4477-7, § 4(c) and the Texas Water Code, §§ 26.011 and 27.019. These establish standards for the owners and operators of hazardous-waste facilities and adopt the mandatory requirements for financial assurance found in the federal regulations, requiring that they be applied in…”
Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court, 477 S.W.3d 828 (Tex. App. 2015). · cites it 3× “§ 1342 (b); Tex. Water Code Ann, §§ 26.011, .027 (West, Westlaw through 2015 R.”
Texas Architectural Aggregate, Inc. v. Texas Comm'n on Env't Quality (Tex. App. 2023). “And TCEQ has statutory authority to adopt rules concerning “[w]aste discharges or impending waste discharges,” Tex. Water Code § 26.011; to initiate an enforcement action for the violation of its rules, see id.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). “TEx. WATER CODEANN. § 26.011 (Vernon 2008).”
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