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

Tex. Water Code § 5.353 (2026)

Diligent Prosecution Of Suit

✓ current as of May 2026
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Sec. 5.353. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.

Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.

Notes of Decisions
Cited in 7 cases, 2005–2018 · leading case: Ac Interests, L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality, 543 S.W.3d 703 (Tex. 2018).
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Ac Interests, L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality, 543 S.W.3d 703 (Tex. 2018). “TEX. WATER CODE § 5.353. AC Interests therefore concludes that its service on the TCEQ a mere 58 days after the filing of its petition was timely.”
Sierra Club v. Texas Comm'n on Env't Quality, 188 S.W.3d 220 (Tex. App. 2005). “032 (d) (West 2001); Tex. Water Code Ann. § 5.353 (West 2000).”
AC Interests L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality (Tex. 2016). · cites it 3× “Additionally, pursuant to TEX. WATER CODE §5.353, there is a one year time limit on service of process: "If the plaintiff does not secure proper service of process (pursuant to §5.”
AC Interests L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality (Tex. App. 2015). · cites it 3× “Pursuant to TEX. WATER CODE §5.353, there is a one year time limit on service of process, “If the plaintiff does not secure proper service of process (pursuant to §5.”
Sierra Club & Downwinders at Risk v. Texas Comm'n on Env't Quality & TXI Operations, L.P. (Tex. App. 2005). “032 (d) (West 2001); Tex. Water Code Ann. § 5.353 (West 2000).”
Sierra Club & Downwinders at Risk v. Texas Comm'n on Env't Quality & TXI Operations, L.P. (Tex. App. 2005). “032 (d) (West 2001); Tex. Water Code Ann. § 5.353 (West 2000).”
AC Interests L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality (Tex. App. 2015). “032, the Legislature waived the Commission’s 11 See Tex. Water Code § 5.353 (“If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.