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

Tex. Water Code § 5.357 (2026)

Law Suits; Citation

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Sec. 5.357. LAW SUITS; CITATION. Law suits filed by and against the commission or executive director shall be in the name of the commission. In suits against the commission or executive director, citation may be served on the executive director.

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

SUBCHAPTER J. CONSOLIDATED PERMIT PROCESSING


Notes of Decisions
Cited in 8 cases, 2000–2010 · leading case: Sierra Club v. Texas Nat. Resource Conservation Comm'n, 26 S.W.3d 684 (Tex. App.—Austin 2000).
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Sierra Club v. Texas Nat. Resource Conservation Comm'n, 26 S.W.3d 684 (Tex. App.—Austin 2000). · cites it 4× “032; Tex. Water Code Ann. § 5.357 (West 2000).”
Poplin v. Amerisure Mut. Ins. Co., 321 S.W.3d 909 (Tex. App.—Houston [14th Dist.] 2010). · cites it 2× “321 (e) (Vernon 2010) (involving petition for judicial review under Solid Waste Disposal Act and requiring service of citation); Tex. Water Code Ann. § 5.357 (Vernon 2008) (requiring service with cita *914 tion in suits against agency).”
Texas Comm'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App.—Austin 2009). “A suit against TCEQ or its executive director "shall be brought in the name of the commission,” Tex. Water Code Ann. § 5.357 (West 2008), thus a suit against the executive director is a suit against TCEQ.”
Com'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App.—Austin 2009). “[3] A suit against TCEQ or its executive director "shall be brought in the name of the commission," Tex. Water Code Ann. § 5.357 (West 2008), thus a suit against the executive director is a suit against TCEQ.”
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, No. 03-07-00720-CV (Tex. App.—Austin Apr. 30, 2009). “A suit against TCEQ or its executive director "shall be brought in the name of the commission," Tex. Water Code Ann. § 5.357 (West 2008), thus a suit against the executive director is a suit against TCEQ.”
Cities of Dickinson, Friendswood, La Marque, League City, Lewisville & Texas City v. Pub. Util. Comm'n of Texas & Texas-New Mexico Power Co., No. 03-08-00492-CV (Tex. App.—Austin Apr. 30, 2009). “3 A suit against TCEQ or its executive director “shall be brought in the name of the commission,” Tex. Water Code Ann. § 5.357 (West 2008), thus a suit against the executive director is a suit against TCEQ.”
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, No. 03-07-00720-CV (Tex. App.—Austin Mar. 11, 2009). “A suit against TCEQ or its executive director "shall be brought in the name of the commission," Tex. Water Code Ann. § 5.357 (West 2008), thus a suit against the executive director is a suit against TCEQ.”
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, No. 03-07-00720-CV (Tex. App.—Austin Mar. 11, 2009). “However, Kelsoe sought to overturn the executive director’s determination of administrative incompleteness, the return of the application, and TCEQ’s refusal 3 A suit against TCEQ or its executive director “shall be brought in the name of the commission,” Tex. Water Code Ann. §…”
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