Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE A. EXECUTIVE AGENCIES · CHAPTER 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Texas Codes

Tex. Water Code § 5.013 (2026)

General Jurisdiction Of Commission

✓ current as of May 2026
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Sec. 5.013. GENERAL JURISDICTION OF COMMISSION.

(a) The commission has general jurisdiction over:

(1) water and water rights including the issuance of water rights permits, water rights adjudication, cancellation of water rights, and enforcement of water rights;

(2) continuing supervision over districts created under Article III, Sections 52(b)(1) and (2), and Article XVI, Section 59, of the Texas Constitution;

(3) the state's water quality program including issuance of permits, enforcement of water quality rules, standards, orders, and permits, and water quality planning;

(4) the determination of the feasibility of certain federal projects;

(5) the adoption and enforcement of rules and performance of other acts relating to the safe construction, maintenance, and removal of dams;

(6) conduct of the state's hazardous spill prevention and control program;

(7) the administration of the state's program relating to inactive hazardous substance, pollutant, and contaminant disposal facilities;

(8) the administration of a portion of the state's injection well program;

(9) the administration of the state's programs involving underground water and water wells and drilled and mined shafts;

(10) the state's responsibilities relating to regional waste disposal;

(11) the responsibilities assigned to the commission by Chapters 361, 363, 376, 382, 401, 505, 506, and 507, Health and Safety Code; and

(12) any other areas assigned to the commission by this code and other laws of this state.

(b) The rights, powers, duties, and functions delegated to the Texas Department of Water Resources by this code or by any other law of this state that are not expressly assigned to the board are vested in the commission.

(c) This section allocates among various state agencies statutory authority delegated by other laws. This section does not delegate legislative authority.

Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.005, eff. Aug. 12, 1991; Acts 2001, 77th Leg., ch. 376, Sec. 3.01, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 965, Sec. 1.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1067, Sec. 22, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 2, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.01, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 32, eff. September 1, 2015.

Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 2, eff. September 1, 2025.

Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1988–2026 · leading case: Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Auth., 96 S.W.3d 519 (Tex. App. 2002).
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Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Auth., 96 S.W.3d 519 (Tex. App. 2002). “Tex. Water Code Ann. § 5.013 (a) (West Supp.”
Texas Campaign for the Env't v. Partners Dewatering Int'l, LLC, 485 S.W.3d 184 (Tex. App. 2016). “); see also Tex. Water Code Ann. § 5.013 (a)(3) (granting the TCEQ general jurisdiction over “the state's water quality program including issuance of permits, enforcement of water quality rules, standards, orders, and permits, and water quality planning”)), .”
In Re the Adjudication of Water Rights of the Brazos III Segment of the Brazos River Basin, 746 S.W.2d 207 (Tex. 1988). · cites it 2× “303 recognizes only those water rights which are valid under existing law. TEX.”
Aransas Proj. v. Shaw, 930 F. Supp. 2d 716 (S.D. Tex. 2013). · cites it 2× “” Tex. Water Code § 5.013(a)(1). 47. This regulatory authority is subject to a specific statutory mandate: TCEQ “shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and the natural resources of the…”
Texas Comm'n on Env't Quality v. San Marcos River Found., 267 S.W.3d 356 (Tex. App. 2008). “The Foundation asserted that the Commission had jurisdiction over its application, see Tex. WateR Code Ann. § 5.013 (a)(1) (Vernon Supp.”
lamcos/bma v. Texas Nat. Res. Conservation Com'n, 980 S.W.2d 511 (Tex. App. 1998). “See Tex. Water Code Ann. § 5.013 (a)(1) (West Supp.”
Lake Medina Conservation Soc'y, Inc./Bexar-Medina-Atascosa Counties WCID No. 1 v. Texas Nat. Resource Conservation Comm'n, 980 S.W.2d 511 (Tex. App. 1998). “See Tex. Water Code Ann. § 5.013 (a)(1) (West Supp.”
Texas Comm'n on Env't Quality v. Texas Farm Bureau, 460 S.W.3d 264 (Tex. App. 2015). · cites it 2× “See Tex. Water Code Ann. § 5.013 (West, Westlaw through 2013 3d C.”
Corey Morrell v. Texas Comm'n on Env't Quality (Tex. App. 2025). · cites it 4× “12 Tex. Water Code § 5.013 .................”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “In particular, "[d]uring a period of drought or other emergency shortage of water," the executive director of the Commission may issue an order to "(1) temporarily suspend the right of any person who holds a water right to use the water; and (2) temporarily adjust the diversions…”
Pape Partners, Ltd, Glenn R. Pape & Kenneth W. Pape v. DRR Fam. Props. LP & Louise W. Champagne (Tex. App. 2020). “” TEX. WATER CODE ANN. § 5.013(a) (emphasis added).”
Pape Partners, Ltd., Glenn R. Pape & Kenneth W. Pape v. Drr Fam. Props. Lp (Tex. 2022). “We hold that the adjudication of such claims is for 1 TEX. WATER CODE § 5.013(a)(1). the courts, not the agency.”
Show all 18 citing cases →
— Tex. Water Code § 5.013(a) — 1 case
Pape Partners, Ltd, Glenn R. Pape & Kenneth W. Pape v. DRR Fam. Props. LP & Louise W. Champagne (Tex. App. 2020). “” TEX. WATER CODE ANN. § 5.013(a) (emphasis added).”
— Tex. Water Code § 5.013(a)(1) — 3 cases
Aransas Proj. v. Shaw, 930 F. Supp. 2d 716 (S.D. Tex. 2013). “” Tex. Water Code § 5.013(a)(1). 47. This regulatory authority is subject to a specific statutory mandate: TCEQ “shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and the natural resources of the…”
In Re the Adjudication of Water Rights of the Brazos III Segment of the Brazos River Basin, 746 S.W.2d 207 (Tex. 1988). “303 recognizes only those water rights which are valid under existing law. TEX.”
Pape Partners, Ltd., Glenn R. Pape & Kenneth W. Pape v. Drr Fam. Props. Lp (Tex. 2022). “We hold that the adjudication of such claims is for 1 TEX. WATER CODE § 5.013(a)(1). the courts, not the agency.”
— Tex. Water Code § 5.013(a)(11) — 2 cases
Corey Morrell v. Texas Comm'n on Env't Quality (Tex. App. 2025). “12 Tex. Water Code § 5.013 .................”
Corey Morrell v. Texas Comm'n on Env't Quality (2026).
— Tex. Water Code § 5.013(a)(l) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “In particular, "[d]uring a period of drought or other emergency shortage of water," the executive director of the Commission may issue an order to "(1) temporarily suspend the right of any person who holds a water right to use the water; and (2) temporarily adjust the diversions…”
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