Texas Codes

Tex. Water Code § 5.551 (2026)

Permitting Procedures; Applicability

✓ current as of May 2026

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Sec. 5.551. PERMITTING PROCEDURES; APPLICABILITY. (a) This subchapter establishes procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing under Subchapters C-H, Chapter 2001, Government Code, regarding commission actions relating to a permit issued under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code. This subchapter is procedural and does not expand or restrict the types of commission actions for which public notice, an opportunity for public comment, and an opportunity for public hearing are provided under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.

(a-1) Notwithstanding Section 18.002, this subchapter does not apply to a permit issued under Section 18.005(c)(2) if the point of discharge is not located within three miles of any point located on the coast of this state.

(b) The commission by rule shall provide for additional notice, opportunity for public comment, or opportunity for hearing to the extent necessary to satisfy a requirement for United States Environmental Protection Agency authorization of a state permit program.

(c) In this subchapter, "permit" means a permit, approval, registration, or other form of authorization required by law for a person to engage in an action.

Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 3, eff. June 17, 2015.

Notes of Decisions

Cited in 12 cases, 2009–2015 · leading case: City of Waco v. Texas Comm'n on Env't Quality, 346 S.W.3d 781 (Tex. App. 2011).

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City of Waco v. Texas Comm'n on Env't Quality, 346 S.W.3d 781 (Tex. App. 2011). · cites it 2× “See Tex. Water Code Ann. §§ 5.551 -.558 (West Supp.”

Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “See Tex. Water Code § 5.551 (referring to “an opportunity for public hearing under Subchapters C-H, Chapter 2001, Government Code, regarding commission actions relating to a permit issued under Chapter 26 [of the Water Code]”).”

Texas Comm'n on Env't Quality v. Bosque River Coalition, 413 S.W.3d 403 (Tex. 2013). “3d at 416 (citing Tex. Water Code § 5.551). III The Coalition argues that, as an affected person, it had the right to a contested case hearing because the Leyendekker Dairy sought a major amendment to its existing permit.”

Texas Comm'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App. 2009). “See Tex. Water Code Ann. § 5.551 (a) (West 2008) (chapter 5, subchapter M of water code applies to permits issued under chapter 361 of health and safety code).”

Com'n on Env't Quality v. Kelsoe, 286 S.W.3d 91 (Tex. App. 2009). “NOTES [1] See Tex. Water Code Ann. § 5.551 (a) (West 2008) (chapter 5, subchapter M of water code applies to permits issued under chapter 361 of health and safety code).”

City of Waco v. Texas Comm'n on Env't Quality (Tex. App. 2011). · cites it 2× “See Tex. Water Code Ann. §§ 5.551 -.558 (West Supp.”

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). “See Tex. Water Code Ann. § 5.551 (a) (West 2008) (chapter 5, subchapter M of water code applies to permits issued under chapter 361 of health and safety code).”

Cities of Dickinson, Friendswood, La Marque, League City, Lewisville & Texas City v. Pub. Util. Comm'n of Texas & Texas-New Mexico Power Co. (Tex. App. 2009). “Health 1 See Tex. Water Code Ann. § 5.551 (a) (West 2008) (chapter 5, subchapter M of water code applies to permits issued under chapter 361 of health and safety code).”

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). “351 (West 2008) (person affected by “ruling, order, decision, or other act” by TCEQ may seek judicial review by filing petition “within 30 days after the 1 See Tex. Water Code Ann. § 5.551 (a) (West 2008) (chapter 5, subchapter M of water code applies to permits issued under…”

City of Waco v. Texas Comm'n on Env't Quality (Tex. App. 2011). “Laws 4570 (codified at Tex. Water Code Ann. §§ 5.551 -.558 (West Supp.”

Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “See TEX. WATER CODE § 5.551 (re- ferring to “an opportunity for public hearing under Subchapters C–H, Chapter 2001, Government Code, regarding commission actions relating to a permit issued under Chapter 26 [of the Water Code]”).”

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