Texas Codes

Tex. Water Code § 26.121 (2026)

Unauthorized Discharges Prohibited

✓ current as of May 2026

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Sec. 26.121. UNAUTHORIZED DISCHARGES PROHIBITED. (a) Except as authorized by the commission, no person may:

(1) discharge sewage, municipal waste, recreational waste, agricultural waste, or industrial waste into or adjacent to any water in the state;

(2) discharge other waste into or adjacent to any water in the state which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state, unless the discharge complies with a person's:

(A) certified water quality management plan approved by the State Soil and Water Conservation Board as provided by Section 201.026, Agriculture Code; or

(B) water pollution and abatement plan approved by the commission; or

(3) commit any other act or engage in any other activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state, unless the activity is under the jurisdiction of the Parks and Wildlife Department, the General Land Office, the Department of Agriculture, or the Railroad Commission of Texas, in which case this subdivision does not apply.

(b) In the enforcement of Subdivisions (2) and (3) of Subsection (a) of this section, consideration shall be given to the state of existing technology, economic feasibility, and the water quality needs of the water that might be affected. This subdivision does not apply to any NPDES activity.

(c) No person may cause, suffer, allow, or permit the discharge of any waste or the performance of any activity in violation of this chapter or of any permit or order of the commission.

(d) Except as authorized by the commission, no person may discharge any pollutant, sewage, municipal waste, recreational waste, agricultural waste, or industrial waste from any point source into any water in the state.

(e) No person may cause, suffer, allow, or permit the discharge from a point source of any waste or of any pollutant, or the performance or failure of any activity other than a discharge, in violation of this chapter or of any rule, regulation, permit, or other order of the commission.

Amended by Acts 1977, 65th Leg., p. 1643, ch. 644, Sec. 2. Renumbered from Sec. 21.251 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.098, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 642, Sec. 4, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 54, Sec. 4, eff. April 29, 1993; Acts 1997, 75th Leg., ch. 1010, Sec. 4.44, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, Sec. 8, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 979, Sec. 10, eff. June 18, 1999.

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1981–2025 · leading case: Watts v. State, 99 S.W.3d 604 (Tex. Crim. App. 2003).

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Watts v. State, 99 S.W.3d 604 (Tex. Crim. App. 2003). · cites it 2× “The prudent jurist will typically decide cases on the narrowest, surest ground available, leaving tougher calls, with broader implications, for future cases that squarely present them.”

Watts v. State, 140 S.W.3d 860 (Tex. App. 2004). · cites it 2× “” Tex. Water Code Ann. § 26.121 (d) (emphasis added).”

Slay v. Tex. Com'n on Env't Quality, 351 S.W.3d 532 (Tex. App. 2011). “[10] See Tex. Water Code Ann. § 26.121 (a) (West 2008); 30 Tex.”

Bexar-Medina-Atascosa Counties Water Improvement Dist. No. 1 v. Wallace, 619 S.W.2d 551 (Tex. App. 1981). “” Tex.Water Code Ann. § 26.121 (Vernon Supp.”

Slay v. Texas Comm'n on Env't Quality, 351 S.W.3d 532 (Tex. App. 2011). “See Tex. Water Code Ann. § 26.121 (a) (West 2008); 30 Tex.”

McGee v. State, 923 S.W.2d 627 (Tex. App. 1995). “1995), as follows: GARY LYNN MCGEE, hereafter styled the Defendant, heretofore on or about APRIL 27,1993, did then and there unlawfully intentionally and knowingly discharge and permit the discharge of a waste and pollutant, namely INDUSTRIAL WASTE, from a point source namely a…”

Texas Architectural Aggregate, Inc. v. Texas Comm'n on Env't Quality (Tex. App. 2023). · cites it 4× “Texas Water Code § 26.121(a)(1) In the remainder of its second issue, TAA argues that TCEQ’s finding of a violation of Subsection 26.”

David Polston Inland Env't & Remediation, Inc. Inland Recycling, L.L.C. & Boundary Ventures, Inc. v. the State of Texas, Lower Colorado River Auth., & Colorado Cnty., Texas (Tex. App. 2022). · cites it 2× “” Tex. Water Code § 26.121(a), (d), (e). 2 In addition, under the Texas Hazardous Substances Spill Prevention and Control Act, in the event of a spill or discharge of hazardous substances into state waters, the owner or operator of the facility “shall immediately undertake all…”

Texas Comm'n on Env't Quality v. Wilbarger Creek Conservation All., Marilyn Kelinske, Anne Brockenbrough, & Jonathan Beall (Tex. App. 2025). · cites it 2× “4 Tex. Water Code § 26.121 ................”

Harris Cnty. v. Int'l Paper Co. (Tex. App. 2015). · cites it 3× “12 TEX. WATER CODE § 26.121(a) .............”

Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist. (Tex. App. 2015). · cites it 2× “6 TEX. WATER CODE § 26.121(a)(1) ..........”

Harris Cnty. & the State of Texas Acting by & Through the Texas Comm'n on Env't Quality v. S.K. & Bros., Inc., Trey Melcher & Yvonne Evie Melcher (Tex. App. 2019). “See Tex. Water Code § 26.121(a)(1) (stating that no person may “discharge sewage, municipal waste, recreational waste, agricultural waste, or industrial waste into or adjacent to any water in the state”); 30 Tex.”

Show all 20 citing cases →

— Tex. Water Code § 26.121(a) — 3 cases

Harris Cnty. v. Int'l Paper Co. (Tex. App. 2015). “12 TEX. WATER CODE § 26.121(a) .............”

David Polston Inland Env't & Remediation, Inc. Inland Recycling, L.L.C. & Boundary Ventures, Inc. v. the State of Texas, Lower Colorado River Auth., & Colorado Cnty., Texas (Tex. App. 2022). “” Tex. Water Code § 26.121(a), (d), (e). 2 In addition, under the Texas Hazardous Substances Spill Prevention and Control Act, in the event of a spill or discharge of hazardous substances into state waters, the owner or operator of the facility “shall immediately undertake all…”

Klaus Genssler v. Harris Cnty., Texas & the State of Texas Acting by & Through the Texas Comm'n on Env't Quality, a Necessary & Indispensable Party (Tex. App. 2010).

— Tex. Water Code § 26.121(a)(1) — 5 cases

Texas Architectural Aggregate, Inc. v. Texas Comm'n on Env't Quality (Tex. App. 2023). “Texas Water Code § 26.121(a)(1) In the remainder of its second issue, TAA argues that TCEQ’s finding of a violation of Subsection 26.”

Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist. (Tex. App. 2015). “6 TEX. WATER CODE § 26.121(a)(1) ..........”

Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist. (Tex. App. 2015).

— Tex. Water Code § 26.121(a)(3) — 1 case

David Polston Inland Env't & Remediation, Inc. Inland Recycling, L.L.C. & Boundary Ventures, Inc. v. the State of Texas, Lower Colorado River Auth., & Colorado Cnty., Texas (Tex. App. 2022). “” Tex. Water Code § 26.121(a), (d), (e). 2 In addition, under the Texas Hazardous Substances Spill Prevention and Control Act, in the event of a spill or discharge of hazardous substances into state waters, the owner or operator of the facility “shall immediately undertake all…”

— Tex. Water Code § 26.121(d) — 1 case

Watts v. State, 140 S.W.3d 860 (Tex. App. 2004). “” Tex. Water Code Ann. § 26.121 (d) (emphasis added).”

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