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

Tex. Water Code § 5.501 (2026)

Emergency And Temporary Order Or Permit; Temporary Suspension Or Amendment Of Permit Condition

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION. (a) For the purposes and in the manner provided by this subchapter, the commission:

(1) may issue a temporary or emergency mandatory, permissive, or prohibitory order; and

(2) by temporary or emergency order may:

(A) issue a temporary permit; or

(B) temporarily suspend or amend a permit condition.

(b) The commission may issue an emergency order under this subchapter after providing the notice and opportunity for hearing that the commission considers practicable under the circumstances or without notice or hearing. Except as provided by Section 5.506, notice must be given not later than the 10th day before the date set for a hearing if the commission requires notice and hearing before issuing the order. The commission shall give notice not later than the 20th day before the date set for a hearing on a temporary order.

(c) The commission by order or rule may delegate to the executive director the authority to:

(1) receive applications and issue emergency orders under this subchapter and Section 13.041(h); and

(2) authorize, in writing, a representative or representatives to act on the executive director's behalf under this subchapter and Section 13.041(h).

(d) Chapter 2001, Government Code, does not apply to the issuance of an emergency order under this subchapter without a hearing.

(e) A law under which the commission acts that requires notice of hearing or that sets procedures for the issuance of permits does not apply to a hearing on an emergency order issued under this subchapter unless the law specifically requires notice for an emergency order. The commission shall give the general notice of the hearing that the commission considers practicable under the circumstances.

(f) An emergency or temporary order issued under this subchapter does not vest in the permit holder or recipient any rights and expires in accordance with its terms.

(g) The commission may prescribe rules and adopt fees necessary to carry out and administer this subchapter.

Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 12, eff. September 1, 2019.

Notes of Decisions
Cited in 3 cases, 2003–2003 · leading case: City of Marshall v. City of Uncertain, 124 S.W.3d 690 (Tex. App. 2003).
Sort: Relevance Newest Treatment
City of Marshall v. City of Uncertain, 124 S.W.3d 690 (Tex. App. 2003). “, Tex. Water Code Ann. § 5.501 (b) (West 2000) (Commission may issue emergency order “without notice or hearing’’); id.”
City of Marshall & Texas Comm'n on Env't Quality (Formerly Texas Nat. Resource Conservation Comm'n) v. City of Uncertain Caddo Lake Area Chamber of Com. & Tourism Greater Caddo Lake Ass'n Caddo Lake Inst. John T. Echols & Barry L. Bennick (Tex. App. 2003). “, Tex. Water Code Ann. § 5.501 (b) (West 2000) (Commission may issue emergency order "without notice or hearing"); id.”
City of Marshall & Texas Comm'n on Env't Quality (Formerly Texas Nat. Resource Conservation Comm'n) v. City of Uncertain Caddo Lake Area Chamber of Com. & Tourism Greater Caddo Lake Ass'n Caddo Lake Inst. John T. Echols & Barry L. Bennick (Tex. App. 2003). “, Tex. Water Code Ann. § 5.501 (b) (West 2000) (Commission may issue emergency order “without notice or hearing”); id.”
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.