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

Tex. Water Code § 5.553 (2026)

Preliminary Decision; Notice And Public Comment

✓ current as of May 2026
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Sec. 5.553. PRELIMINARY DECISION; NOTICE AND PUBLIC COMMENT. (a) The executive director shall conduct a technical review of and issue a preliminary decision on the application.

(b) The applicant shall publish notice of the preliminary decision in a newspaper.

(c) The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period. The notice must include:

(1) the information required by Sections 5.552(c)(1)-(5);

(2) a summary of the preliminary decision;

(3) the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (e);

(4) a description of the manner in which comments regarding the preliminary decision may be submitted; and

(5) any other information the commission by rule requires.

(d) In addition to providing notice under this section, the applicant shall comply with any applicable public notice requirements under Chapters 26 and 27 of this code, Chapter 361, Health and Safety Code, and rules adopted under those chapters.

(e) The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.

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

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2025 · leading case: Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013).
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Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “See Tex. Water Code § 5.553(b), (c). The City submitted public comments and requested a public meeting, which was granted.”
Save Our Springs All., Inc. v. Texas Comm'n on Env't Quality & the City of Dripping Springs (Tex. 2025). · cites it 3× “19 The EPA also consulted with 17 See TEX. WATER CODE § 5.553; 30 Tex. Admin. Code §§ 307 .”
Harvey Lee Kunze v. Texas Comm'n on Env't Quality & City of La Coste (Tex. App. 2015). “Tex. Water Code § 5.553(a). Notice of that decision is again provided, and the public has the opportunity to comment or seek a contested case hearing.”
Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “At the conclusion of the public comment period, the executive *414 di- rector responded to the City's public comments, agreeing to make some changes to permit provi- sions governing waste application in the dairy's waste application fields or off-site, but otherwise rejecting…”
— Tex. Water Code § 5.553(a) — 2 cases
Save Our Springs All., Inc. v. Texas Comm'n on Env't Quality & the City of Dripping Springs (Tex. 2025). “19 The EPA also consulted with 17 See TEX. WATER CODE § 5.553; 30 Tex. Admin. Code §§ 307 .”
Harvey Lee Kunze v. Texas Comm'n on Env't Quality & City of La Coste (Tex. App. 2015). “Tex. Water Code § 5.553(a). Notice of that decision is again provided, and the public has the opportunity to comment or seek a contested case hearing.”
— Tex. Water Code § 5.553(b) — 2 cases
Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “See Tex. Water Code § 5.553(b), (c). The City submitted public comments and requested a public meeting, which was granted.”
Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “At the conclusion of the public comment period, the executive *414 di- rector responded to the City's public comments, agreeing to make some changes to permit provi- sions governing waste application in the dairy's waste application fields or off-site, but otherwise rejecting…”
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