Texas Codes

Tex. Water Code § 5.122 (2026)

Delegation Of Uncontested Matters To Executive Director

✓ current as of May 2026

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Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR. (a) The commission by rule or order may delegate to the executive director the commission's authority to act on an application or other request to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate, or modify a permit, license, certificate, registration, or other authorization or approval if:

(1) required notice of the application or request for the authorization or approval has been given;

(2) the holder of or applicant for the authorization or approval agrees in writing to the action to be taken by the executive director; and

(3) the application or request:

(A) is uncontested and does not require an evidentiary hearing;

(B) has become uncontested before parties are named because each person who requested a contested case hearing within the time allowed by law has:

(i) withdrawn the request for a contested case hearing without condition;

(ii) withdrawn the request for a contested case hearing conditioned only on the withdrawal of all other hearing requests; or

(iii) agreed in writing to allow the executive director to make a final decision on the matter; or

(C) has become uncontested because all parties have agreed in writing to the action to be taken by the executive director.

(b) A person affected by an action the executive director takes on a matter delegated under this section may appeal the executive director's action to the commission unless the action is a decision:

(1) regarding a federal operating permit under Subchapter C, Chapter 382, Health and Safety Code; or

(2) specified as final and appealable by the commission rule that delegates the decision to the executive director.

(c) A person affected by a decision of the executive director on a matter delegated under this section that regards a federal operating permit under Subchapter C, Chapter 382, Health and Safety Code, may:

(1) petition the administrator of the United States Environmental Protection Agency in accordance with rules adopted under Section 382.0563, Health and Safety Code; or

(2) file a petition for judicial review under Section 382.032, Health and Safety Code.

(d) The commission's authority under this section is cumulative of the commission's authority to delegate its powers, duties, or rights under any other law.

Added by Acts 1995, 74th Leg., ch. 860, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. 302, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1065 (H.B. 3177), Sec. 1, eff. September 1, 2017.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1999–2025 · leading case: Chocolate Bayou Water Co. & Sand Supply v. Texas Nat. Resource Conservation Comm'n.

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Chocolate Bayou Water Co. & Sand Supply v. Texas Nat. Resource Conservation Comm'n (Tex. App. 2003). “See Tex. Water Code Ann § 5.122 (West 2000). Agency rules provide that such action is appropriate provided that: (1) public notice requirements have been satisfied and the executive director has considered the public comment and filed a response; (2) the application meets all…”

Walter West, P.E. v. Texas Comm'n on Env't Quality (Tex. App. 2008). “See Tex. Water Code Ann. § 5.122 (West 2000) (delegating uncontested matters to the executive director); 30 Tex.”

Lower Laguna Madre Found., Inc. v. Texas Nat. Resource Conservation Comm'n (Tex. App. 1999). “” Tex. Water Code Ann. § 5.122 (b) (West 1985 & Supp.”

City of Marshall v. City of Uncertain (Tex. App. 2003). “See Tex. Water Code Ann. § 5.122 (a) (West 2000).”

Texas Comm'n on Env't Quality v. Kelsoe (Tex. App. 2009). “See Tex. Water Code Ann. § 5.122 (West 2008) (person affected by director's decision “on a matter delegated under this section” may appeal to TCEQ unless action is made "final and appealable by the commission rule that delegates the decision” to the director).”

AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Comm'n on Env't (Tex. App. 2025). · cites it 3× “19 Tex. Water Code §§ 5.122, 26.027; SCR-AR 66 at FOF 40-41, COL 1 and 10-11.”

Com'n on Env't Quality v. Kelsoe (Tex. App. 2009). “See Tex. Water Code Ann. § 5.122 (West 2008) (person affected by director's decision "on a matter delegated under this section" may appeal to TCEQ unless action is made "final and appealable by the commission rule that delegates the decision" to the director).”

Randal A. Hendricks, Tr. v. Texas Comm'n on Env't Quality & Harris Cnty. Fresh Water Supply Dist. (Tex. App. 2011). · cites it 2× “See Tex. Water Code Ann. § 5.122 (b) (West Supp.”

Chocolate Bayou Water Co. & Sand Supply, a Div. of Campbell Concrete & Materials, L.P. v. Texas Nat. Reso (Tex. App. 2003). “See Tex. Water Code Ann § 5.122 (West 2000). Agency rules provide that such action is appropriate provided that: (1) public notice requirements have been satisfied and the executive director has considered the public comment and filed a response; (2) the application meets all…”

City of Marshall & Texas Comm'n on Env't Quality (Formerly Texas Nat. Resource Conservation Comm'n) (Tex. App. 2003). “See Tex. Water Code Ann. § 5.122 (a) (West 2000).”

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