Sec. 7.351. CIVIL SUITS. (a) Subject to Section 7.3511, if it appears that a violation or threat of violation of Chapter 16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and Safety Code, a provision of Chapter 401, Health and Safety Code, under the commission's jurisdiction, or Chapter 1903, Occupations Code, or a rule adopted or an order or a permit issued under those chapters or provisions has occurred or is occurring in the jurisdiction of a local government, the local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter, may institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation.
(b) Subject to Section 7.3511, if it appears that a violation or threat of violation of Chapter 366, Health and Safety Code, under the commission's jurisdiction or a rule adopted or an order or a permit issued under that chapter has occurred or is occurring in the jurisdiction of a local government, an authorized agent as defined in that chapter may institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 193, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.845, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 857 (H.B. 2533), Sec. 1, eff. September 1, 2017.
Notes of Decisions
Bcca Appeal Grp., Inc. v. City of Houston, 496 S.W.3d 1 (Tex. 2016).
“Tex. WateR Code § 7.351(a). The city’s governing body must first adopt a resolution authorizing the suit, and the suit must include the Texas Commission on Environmental Quality (TCEQ) as a “necessary and indispensable party.”
Wichita Cnty. v. Env't Eng'g & Geotechnics, Inc., 576 S.W.3d 851 (Tex. App.—Austin 2019).
“See Tex. Water Code § 7.351. The State of Texas appeared in the suit as a “necessary and indispensable party” under the Water Code and aligned itself with the County as a party plaintiff, requesting a portion of all civil penalties awarded in the case.”
Harris Cnty. & the State of Texas Acting v. S.K. & Bros., No. 14-17-00984-CV (Tex. App.—Houston [14th Dist.] Nov. 5, 2019).
· cites it 2× “See Tex. Water Code § 7.351(a) (authorizing a local government to “institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against…”
Harris Cnty. v. Int'l Paper Co., No. 01-15-00354-CV (Tex. App.—Houston [1st Dist.] Nov. 13, 2015).
· cites it 2× “12 TEX. WATER CODE § 7.351(a) ..............”
Bcca Appeal Grp., Inc. v. City of Houston, No. 13-0768 (Tex. Apr. 29, 2016).
“TEX. WATER CODE § 7.351(a). The city’s governing body must first adopt a resolution authorizing the suit, and the suit must include the Texas Commission on Environmental Quality (TCEQ) as a “necessary and indispensable party.”
Wichita Cnty. v. Env't Eng'g & Geotechnics, Inc., No. 03-18-00434-CV (Tex. App.—Austin May 31, 2019).
“See Tex. Water Code § 7.351. The State of Texas appeared in the suit as a “necessary and indispensable party” under the Water Code and aligned itself with the County as a party plaintiff, requesting a portion of all civil penalties awarded in the case.”
Harris Cnty. v. Int'l Paper Co., No. 01-15-00354-CV (Tex. App.—Houston [1st Dist.] May 7, 2015).
“Tex. Water Code § 7.351. The TCEQ is a statutory necessary and indispensable party so that it may address statewide interests that arise in this and similar cases.”
Tex. Water Code § 7.351(a): 5 cases
Bcca Appeal Grp., Inc. v. City of Houston, 496 S.W.3d 1 (Tex. 2016).
“Tex. WateR Code § 7.351(a). The city’s governing body must first adopt a resolution authorizing the suit, and the suit must include the Texas Commission on Environmental Quality (TCEQ) as a “necessary and indispensable party.”
Harris Cnty. & the State of Texas Acting v. S.K. & Bros., No. 14-17-00984-CV (Tex. App.—Houston [14th Dist.] Nov. 5, 2019).
“See Tex. Water Code § 7.351(a) (authorizing a local government to “institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against…”
Bcca Appeal Grp., Inc. v. City of Houston, No. 13-0768 (Tex. Apr. 29, 2016).
“TEX. WATER CODE § 7.351(a). The city’s governing body must first adopt a resolution authorizing the suit, and the suit must include the Texas Commission on Environmental Quality (TCEQ) as a “necessary and indispensable party.”
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