Texas Codes
Tex. Water Code § 5.352 (2026)
Remedy For Commission Or Executive Director Inaction
✓ current as of May 2026
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Sec. 5.352. REMEDY FOR COMMISSION OR EXECUTIVE DIRECTOR INACTION. A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water or to perform any other duty with reasonable promptness may file a petition to compel the commission or the executive director to show cause why it should not be directed by the court to take immediate action.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2001–2026 · leading case: Texas Nat. Resource Conservation Comm'n v. IT-Davy, 74 S.W.3d 849 (Tex. 2002).
Texas Nat. Resource Conservation Comm'n v. IT-Davy, 74 S.W.3d 849 (Tex. 2002). “" Tex. Water Code § 5.352. C. The Declaratory Judgment Act The Uniform Declaratory Judgment Act (DJA) is a remedial statute designed "to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.”
Larry Koch, Inc. v. Texas Nat. Resource Conservation Comm'n, 52 S.W.3d 833 (Tex. App. 2001). “SOVEREIGN IMMUNITY The common-law doctrine of sovereign immunity bars Koch’s actions against the State unless they come within the class of cases described in section 5.”
Texas Comm'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App. 2009). “Tex. Water Code Ann. § 5.352 (West 2008).”
Phillip David Haskett v. Texas Comm'n on Env't Quality (2026). “) See TEX. WATER CODE ANN. § 5.352 (“A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water or to perform any other duty with reasonable promptness may file a petition to compel the…”
Phillip David Haskett v. Curtis Anderson, Sheryl Bahena-Haslipp, Kenneth Bishop, Keith Gossett, Ken Keller, Tyson Kennedy, Andrew Miller, Kelly Neason, San Leon Mun. Utils. Dist., San Leon Volunteer Fire Dep't (2026). “13 Further, SLMUD and the SLMUD employees argued that Texas Water Code section 5.352 did not waive SLMUD’s governmental immunity because Haskett had not pled for mandamus relief in his second amended petition and section 5.”
Larry Koch, Inc. & Those Similarly Situated v. Texas Nat. Resource Conservation Comm'n (Tex. App. 2001). “See Tex. Water Code Ann. § 5.352 . The TNRCC contends Koch's actions do not come within the class for two reasons discussed hereafter.”
Com'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App. 2009). “Tex. Water Code Ann. § 5.352 (West 2008).”
Larry Koch, Inc. & Those Similarly Situated v. Texas Nat. Resource Conservation Comm'n (Tex. App. 2001). “See Tex. Water Code Ann. § 5.352 . The TNRCC contends Koch’s actions do not come within the class for two reasons discussed hereafter.”
Texas Comm'n on Env't Quality, Mark R. Vickery, Exec. Dir., Concerned Citizens for Red River Cnty. & Edwin R. Stephenson// Edwin B. Kelsoe v. Edwin B. Kelsoe// Texas Comm'n on Env't Quality, Mark R. Vickery, Exec. Dir., Concerned Citizens for Red River Cnty., & Edwin R. Stephenson (Tex. App. 2009). “Tex. Water Code Ann. § 5.352 (West 2008).”
Texas Comm'n on Env't Quality, Mark R. Vickery, Exec. Dir., Concerned Citizens for Red River Cnty. & Edwin R. Stephenson// Edwin B. Kelsoe v. Edwin B. Kelsoe// Texas Comm'n on Env't Quality, Mark R. Vickery, Exec. Dir., Concerned Citizens for Red River Cnty., & Edwin R. Stephenson (Tex. App. 2009). “Tex. Water Code Ann. § 5.352 (West 2008).”
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