Texas Codes

Tex. Water Code § 7.351 (2026)

Civil Suits

✓ current as of May 2026

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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

Cited in 11 cases, 2013–2019 · leading case: Bcca Appeal Grp., Inc. v. City of Houston, Texas, 496 S.W.3d 1 (Tex. 2016).

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Bcca Appeal Grp., Inc. v. City of Houston, Texas, 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., Texas v. Env't Eng'g & Geotechnics, Inc., 576 S.W.3d 851 (Tex. App. 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.”

in Re Volkswagen Clean Diesel Litig.: Texas Clean Air Act Enf't Cases, 557 S.W.3d 78 (Tex. App. 2017). “The 85th Legislature amended Subchapter H by modifying section 7.351, adding section 7.3511, and repealing section 7.”

Int'l Paper Co. v. Harris Cnty., 445 S.W.3d 379 (Tex. App. 2013). “See Tex. Water Code Ann. § 7.351 (a) (West 2008).”

Harris Cnty. & the State of Texas Acting by & Through the Texas Comm'n on Env't Quality v. S.K. & Bros., Inc., Trey Melcher & Yvonne Evie Melcher (Tex. App. 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. (Tex. App. 2015). · cites it 2× “12 TEX. WATER CODE § 7.351(a) ..............”

Bcca Appeal Grp., Inc. v. City of Houston, Texas (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., Texas v. Env't Eng'g & Geotechnics, Inc. (Tex. App. 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.”

City of Houston v. BCCA Appeal Grp., Inc., 485 S.W.3d 444 (Tex. App. 2013). “Tex. Water Code Ann. § 7.351 (West 2008).”

Int'l Paper Co., Waste Mgmt., Inc. Waste Mgmt. of Texas, Inc., & McGinnes Indus. Maint. Corp v. Harris Cnty., Texas & the State of Texas, Acting by & Through the Texas Comm'n on Env't Quality, a Necessary & Indispensable Party (Tex. App. 2013). “See TEX. WATER CODE ANN. § 7.351(a) (West 2008).”

Harris Cnty. v. Int'l Paper Co. (Tex. App. 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

Harris Cnty. & the State of Texas Acting by & Through the Texas Comm'n on Env't Quality v. S.K. & Bros., Inc., Trey Melcher & Yvonne Evie Melcher (Tex. App. 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…”

Harris Cnty. v. Int'l Paper Co. (Tex. App. 2015). “12 TEX. WATER CODE § 7.351(a) ..............”

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