Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE A. EXECUTIVE AGENCIES · CHAPTER 7. ENFORCEMENT
Texas Codes

Tex. Water Code § 7.177 (2026)

Violations Of Clean Air Act

✓ current as of May 2026
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Sec. 7.177. VIOLATIONS OF CLEAN AIR ACT. (a) A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates:

(1) Section 382.0518(a), Health and Safety Code;

(2) Section 382.054, Health and Safety Code;

(3) Section 382.056(a), Health and Safety Code;

(4) Section 382.058(a), Health and Safety Code; or

(5) an order, permit, or exemption issued or a rule adopted under Chapter 382, Health and Safety Code.

(b) An offense under this section is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(C) or both.

(c) An offense under this section is punishable for a person other than an individual under Section 7.187(1)(C).

Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1998–2022 · leading case: State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009).
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State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). · cites it 10× “Appellee was charged with violating TEXAS WATER CODE § 7.177(a)(5), which governs violations of the Clean Air Act, which is found in the Health and Safety Code.”
State v. Rhine, 255 S.W.3d 745 (Tex. App. 2008). · cites it 12× “See TEX. WATER CODE ANN. § 7.177. D. The Legislative Standards The overall policy and purpose of the Texas Clean Air Act, which confers on the *752 TCEQ certain rule making authority, is set forth as follows: (a) The policy of this state and the purpose of this chapter are to…”
State v. Laird, 208 S.W.3d 667 (Tex. App. 2006). “NOTES [1] See TEX. WATER CODE ANN. § 7.177 (Vernon 2000).”
Ex Parte Weise, 23 S.W.3d 449 (Tex. App. 2000). “Tex. Water Code Ann. § 7.177 . Therefore, the former decisions upholding strict liability for air *454 and water pollution offenses are no longer persuasive, much less controlling.”
Thomas Edward Blankenship v. the State of Texas (Tex. App. 2022). · cites it 2× “018 ; Tex. Water Code Ann. § 7.177 (a)(5); 30 Tex.”
Thomas Edward Blankenship v. the State of Texas (Tex. App. 2022). · cites it 2× “018 ; Tex. Water Code Ann. § 7.177 (a)(5); 30 Tex.”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). · cites it 3× “Appellee was charged with violating Texas Water Code § 7.177(a)(5), which governs violations of the Clean Air Act, which is found in the Health and Safety Code.”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). · cites it 2× “Consequently, I would deny appellee's challenge and affirm the judgment of the court of appeals.”
Bcca Appeal Grp., Inc. v. City of Houston, Texas (Tex. 2016). “TEX. WATER CODE §§ 7.177–.183. Both the Prosecution Provisions and the state statute declare that certain conduct is illegal, but neither requires criminal prosecution of every violation.”
State v. Michael Joseph Rhine (Tex. App. 2008). “018 of the Texas Health and Safety Code provides no definitions, and with very few exceptions places no limitations upon, the TCEQ’s authority to promulgate rules that establish criminal violations, including those amenable to prosecution under Texas Water Code, Section…”
State v. Michael Joseph Rhine (Tex. App. 2008). “018 of the Texas Health and Safety Code provides no definitions, and with very few exceptions places no limitations upon, the TCEQ’s authority to promulgate rules that establish criminal violations, including those amenable to prosecution under Texas Water Code, Section…”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “Appellee was charged with violating TEXAS WATER CODE § 7.177(a)(5), which governs violations of the Clean Air Act, which is found in the Health and Safety Code.”
Show all 13 citing cases →
— Tex. Water Code § 7.177(a)(5) — 7 cases
State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). “Appellee was charged with violating TEXAS WATER CODE § 7.177(a)(5), which governs violations of the Clean Air Act, which is found in the Health and Safety Code.”
State v. Rhine, 255 S.W.3d 745 (Tex. App. 2008). “See TEX. WATER CODE ANN. § 7.177. D. The Legislative Standards The overall policy and purpose of the Texas Clean Air Act, which confers on the *752 TCEQ certain rule making authority, is set forth as follows: (a) The policy of this state and the purpose of this chapter are to…”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “Appellee was charged with violating Texas Water Code § 7.177(a)(5), which governs violations of the Clean Air Act, which is found in the Health and Safety Code.”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “Consequently, I would deny appellee's challenge and affirm the judgment of the court of appeals.”
State v. Michael Joseph Rhine (Tex. App. 2008). “018 of the Texas Health and Safety Code provides no definitions, and with very few exceptions places no limitations upon, the TCEQ’s authority to promulgate rules that establish criminal violations, including those amenable to prosecution under Texas Water Code, Section…”
— Tex. Water Code § 7.177(b) — 1 case
State v. Rhine, 255 S.W.3d 745 (Tex. App. 2008). “See TEX. WATER CODE ANN. § 7.177. D. The Legislative Standards The overall policy and purpose of the Texas Clean Air Act, which confers on the *752 TCEQ certain rule making authority, is set forth as follows: (a) The policy of this state and the purpose of this chapter are to…”
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