Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE D. WATER QUALITY CONTROL · CHAPTER 26. WATER QUALITY CONTROL
Texas Codes

Tex. Water Code § 26.341 (2026)

Purpose

✓ current as of May 2026
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Sec. 26.341. PURPOSE. (a) The legislature finds that leaking underground tanks storing certain hazardous, toxic, or otherwise harmful substances have caused and continue to pose serious groundwater contamination problems in Texas.

(b) The legislature declares that it is the policy of this state and the purpose of this subchapter to:

(1) maintain and protect the quality of groundwater and surface water resources in the state from certain substances in underground and aboveground storage tanks that may pollute groundwater and surface water resources;

(2) require the use of all reasonable methods, including risk-based corrective action, to implement this policy;

(3) promote the safety of storage vessels as defined in Section 26.3442, by adopting requirements for the design, construction, operation, and maintenance of storage vessels, with the objective of protecting groundwater and surface water resources in the event of accidents and natural disasters; and

(4) ensure that intermediate bulk container recycling facilities, as defined by Section 26.3445, are not located close to private residences.

Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 228, Sec. 1, eff. May 31, 1989; Acts 1995, 74th Leg., ch. 315, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 1, eff. September 1, 2021.

Acts 2025, 89th Leg., R.S., Ch. 1043 (H.B. 3866), Sec. 2, eff. September 1, 2025.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1992–2025 · leading case: Crystal Int'l, Inc. D/B/A/ Fuel Stop v. Texas Comm'n on Env't Quality (Tex. App. 2016).
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Crystal Int'l, Inc. D/B/A/ Fuel Stop v. Texas Comm'n on Env't Quality (Tex. App. 2016). “Tex. Water Code § 26.341. The Commission is the principal authority in the state on matters relating to the quality of the state’s water and is responsible for setting water quality standards.”
Richard A. Hyde, P.E., in His Off. Capacity as Exec. Dir. of the Texas Comm'n on Env't Quality; & the Texas Comm'n on Env't Quality v. Harrison Cnty., Texas (Tex. App. 2025). “1 Tex. Water Code § 26.341. To address these problems, Chapter 26 of the Texas Water Code, Subchapter I, sets out specific requirements for USTs and authorizes the Commission to develop a regulatory program in accordance with the statute.”
Mark R. Vickery, Exec. Dir. of the Texas Comm'n on Env't Quality v. C. M. Stanley, Jr. (Tex. App. 2010). “TCEQ is the principal 3 authority in the state on matters relating to the quality of water in the state and is responsible for setting water quality standards.”
Metro Fuels, Inc. & G. P. Leasing of Austin, Inc. v. City of Austin & Austan S. Librach (Tex. App. 1992). “Tex. Water Code Ann. §§ 26.341 -.359 (1988 & Supp.”
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