Title HS, Health and Safety Code

Sec. 382.218. REQUIRED PARTICIPATION BY CERTAIN COUNTIES. (a) This section applies only to a county that borders the United Mexican States and in which a municipality with a population of 500,000 or more is located. (b) A county that was at any time required, because of the count…

Sec. 382.219. PURCHASE OF REPLACEMENT VEHICLE; AUTOMOBILE DEALERSHIPS. (a) An amount described by Section 382.210(a)(2) may be used as a down payment toward the purchase of a replacement vehicle. (b) An automobile dealer that participates in the procedures and programs offered by…

Sec. 382.220. USE OF FUNDING FOR LOCAL INITIATIVE PROJECTS. (a) Money that is made available to participating counties under Section 382.202(g) or 382.302 may be appropriated only for programs administered in accordance with Chapter 783, Government Code, to improve air quality. A…

Sec. 382.301. DEFINITIONS. In this subchapter: (1) "Early action compact" means an agreement entered into before January 1, 2003, by the United States Environmental Protection Agency, the commission, the governing body of a county that is in attainment of the one-hour national am…

Sec. 382.302. INSPECTION AND MAINTENANCE PROGRAM. (a) A participating county whose early action plan contains provisions for a motor vehicle emissions inspection and maintenance program and has been found adequate by the commission may formally request the commission to adopt mot…

Sec. 382.401. ALTERNATIVE LEAK DETECTION TECHNOLOGY. (a) In this section, "alternative leak detection technology" means technology, including optical gas imaging technology, designed to detect leaks and emissions of air contaminants. (b) The commission by rule shall establish a p…

Sec. 382.451. DEVELOPMENT OF FEDERAL GREENHOUSE GAS REPORTING RULE. (a) The commission and the Railroad Commission of Texas, the Department of Agriculture, and the Public Utility Commission of Texas shall jointly participate in the federal government process for developing federa…

Sec. 382.452. VOLUNTARY ACTIONS INVENTORY. The commission shall: (1) establish an inventory of voluntary actions taken by businesses in this state or by state agencies since September 1, 2001, to reduce carbon dioxide emissions; and (2) work with the United States Environmental P…

Sec. 382.501. DEFINITIONS. In this subchapter: (1) "Board" means the School Land Board. (2) "Bureau" means the Bureau of Economic Geology at The University of Texas at Austin. (3) "Carbon dioxide repository" means an offshore deep subsurface geologic repository for the storage of…

Sec. 382.502. RULES; ENFORCEMENT. (a) The railroad commission by rule may adopt standards for the location, construction, maintenance, monitoring, and operation of a carbon dioxide repository. (b) If the United States Environmental Protection Agency issues requirements regarding …

Sec. 382.503. STUDY; SELECTION OF LOCATION. (a) The land commissioner shall contract with the bureau to conduct a study of state-owned offshore submerged land to identify potential locations for a carbon dioxide repository. (b) The land commissioner shall recommend suitable sites…

Sec. 382.504. CONTRACT FOR NECESSARY INFRASTRUCTURE AND OPERATION. (a) Once the location has been established for the carbon dioxide repository, the board may issue requests for proposals for the lease of permanent school fund land for the construction of any necessary infrastruc…

Sec. 382.505. ACCEPTANCE OF CARBON DIOXIDE FOR STORAGE; FEES AND CARBON CREDITS. (a) Once the carbon dioxide repository is established, the board may accept carbon dioxide for storage. (b) The board by rule may establish a fee for the storage of carbon dioxide in the carbon dioxi…

Sec. 382.506. MEASURING, MONITORING, AND VERIFICATION; ROLE OF BUREAU. (a) The railroad commission by rule may establish standards for the measurement, monitoring, and verification of the permanent storage status of the carbon dioxide in the carbon dioxide repository. (b) The bur…

Sec. 382.507. OWNERSHIP OF CARBON DIOXIDE. (a) The board shall acquire title to carbon dioxide stored in the carbon dioxide repository on a determination by the board that permanent storage has been verified and that the storage location has met all applicable state and federal r…

Sec. 382.508. LIABILITY. (a) The transfer of title to the state under Section 382.507 does not relieve a producer of carbon dioxide of liability for any act or omission regarding the generation of stored carbon dioxide performed before the carbon dioxide was stored. (b) On the da…

Sec. 382.509. RATES FOR TRANSPORTATION. Neither the railroad commission nor the board may establish or regulate the rates charged for the transportation of carbon dioxide to the carbon dioxide repository. Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 1, eff. Sep…

Sec. 382.510. ANNUAL REPORT. The land commissioner shall issue annually a report regarding the carbon dioxide repository. The report may be submitted electronically by posting on the General Land Office's Internet website. The report must include information regarding: (1) the to…

Sec. 382.551. SUBSTITUTES FOR HYDROFLUOROCARBON REFRIGERANTS APPLICABLE TO COMMERCIAL OR RESIDENTIAL BUILDINGS OR CONSTRUCTION. A building code or other requirement applicable to commercial or residential buildings or construction may not prohibit the use of a substitute refriger…

Sec. 382.601. DEFINITIONS. In this subchapter: (1) "Aggregate production operation" has the meaning assigned by Section 28A.001, Water Code. (2) "Portland cement kiln" means a system, including any solid, gaseous, or liquid fuel combustion equipment, used to calcine and fuse raw …

Sec. 382.602. LIMITATION OF LIABILITY. An owner or operator of a facility operating under a new source review permit issued under this chapter that authorizes the operation of a portland cement kiln, or the production of aggregates at an aggregate production operation, is not lia…

Sec. 382.651. DEFINITIONS. In this subchapter: (1) "Aggregate production operation" has the meaning assigned by Section 28A.001, Water Code. (2) "Bureau" means the Bureau of Economic Geology of The University of Texas at Austin. (3) "Portland cement kiln" means a system, includin…

Sec. 382.652. GRAYSON COUNTY PILOT PROGRAM. This subchapter applies only to: (1) a semiconductor wafer manufacturing facility that begins commercial operation after January 1, 2025, and before December 31, 2025; and (2) a facility that: (A) is proposed to be constructed under or …

Sec. 382.653. STUDY AND REPORT. (a) The bureau shall conduct a study, in consultation with owners or operators of facilities described by Section 382.652 in Grayson County, to: (1) analyze seismological data related to aggregate production operations; (2) assess the vibrational i…

Sec. 382.654. OPERATIONS WITHIN STUDY AREA. The commission may not issue, renew, or amend a permit or authorize the use of a standard permit or a permit by rule under this chapter for the construction or operation of a facility described by Section 382.652(2) within 10 miles of a…

Sec. 382.655. EXPIRATION. This subchapter expires September 1, 2031. Added by Acts 2025, 89th Leg., R.S., Ch. 1171 (S.B. 1758), Sec. 1, eff. June 22, 2025.

Sec. 383.001. SHORT TITLE. This chapter may be cited as the Clean Air Financing Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 383.002. POLICY AND PURPOSE. (a) The policy of the state and the purpose of this chapter are to: (1) safeguard state air resources from emissions of air contaminants and other pollution; (2) protect public health, general welfare, physical property, and the esthetic enjoymen…

Sec. 383.003. DEFINITIONS. In this chapter: (1) "Air contaminant" has the meaning assigned by Section 382.003 (Texas Clean Air Act). (2) "Air pollution" has the meaning assigned by Section 382.003 (Texas Clean Air Act). (3) "Bond" includes a note. (4) "Coastal basin" means an are…

Sec. 383.004. CERTIFICATION OF CONTROL FACILITY BY COMMISSION. The commission may prescribe necessary criteria and procedures for certifying a control facility and may limit certification to confirmation that a proposed facility is intended to control air pollution. Certification…

Sec. 383.005. ADOPTION OF ALTERNATE PROCEDURE. If a court holds that a procedure under this chapter violates the United States Constitution or Texas Constitution, an issuer by resolution may provide an alternate procedure that conforms to those constitutions. Acts 1989, 71st Leg.…

Sec. 383.006. EFFECT OF CHAPTER ON OTHER LAW. (a) This chapter does not limit the authority of the commission, a district, or a local government in performing a power or duty provided by other law. This chapter does not limit the authority of the commission or a local government …

Sec. 383.011. AUTHORITY TO ACQUIRE AND TRANSFER PROPERTY. (a) An issuer may acquire, construct, and improve a control facility and may acquire real property as the issuer considers appropriate for the control facility. (b) An issuer may enter into a lease or other contract under …

Sec. 383.012. LOCATION OF CONTROL FACILITY. (a) A control facility may be located on the property of any person. (b) A control facility of a municipality must be located in whole or in part within: (1) the boundaries of the municipality; or (2) the municipality's extraterritorial…

Sec. 383.013. CONTRACTS. (a) A lease or other contract entered into under this chapter may be for the term agreed to by the parties. The lease or other contract may provide that it continues in effect until specified bonds or refunding bonds issued in place of the specified bonds…

Sec. 383.014. COST OF CERTAIN REQUIRED ALTERATIONS. The relocation, raising, lowering, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility, or pipeline made necessary by the acti…

Sec. 383.015. TAXATION. (a) An issuer is not required to pay a tax or other assessment on a control facility or part of a control facility. (b) Bonds issued under this chapter, the transfer of the bonds, and income from the bonds are exempt from taxation in this state. (c) This c…

Sec. 383.021. AUTHORITY TO ISSUE. (a) An issuer may issue negotiable bonds, payable from revenues of the issuer, to pay costs related to the acquisition, construction, or improvement of a control facility, including: (1) the cost of real property acquired for the control facility…

Sec. 383.022. FORM AND PROCEDURE. (a) Bonds under this chapter must be authorized by resolution. The bonds must: (1) be signed by the presiding officer or assistant presiding officer of the governing body; (2) be attested by the secretary of the governing body; and (3) have the s…

Sec. 383.023. TERMS. Bonds issued under this chapter must mature serially or otherwise not more than 40 years after they are issued. The bonds may: (1) bear interest at a rate and be sold at a price or under terms that the governing body of the issuer determines to be the most ad…

Sec. 383.024. APPROVAL AND REGISTRATION. (a) An issuer shall submit bonds that have been authorized by its governing body, including refunding bonds and the record relating to the bond issuance, to the attorney general for examination as to their validity. If the bonds state that…

Sec. 383.025. PLEDGE OF REVENUE AS SECURITY; ELECTION. (a) An issuer's bonds may be secured, as specified by the resolution or a security agreement, by a pledge of all or part of the revenues of the issuer derived from: (1) the use or sale of a control facility or disposal system…

Sec. 383.026. PLEDGE OF OTHER UTILITY REVENUE; ELECTION. (a) In addition to the security under Section 383.025, a municipality's or county's bonds may be secured, as specified by the resolution or a security agreement, by a pledge of other utility revenue of the municipality or c…

Sec. 383.027. SECURITY MAY APPLY TO ADDITIONAL BONDS. A pledge under Section 383.025 or 383.026 may reserve the right, under conditions specified by the pledge, to issue additional bonds to be on a parity with or subordinate to the bonds secured by the pledge. Bonds issued under …

Sec. 383.028. TRUSTS AS SECURITY. (a) The governing body may additionally secure bonds, including refunding bonds, by a trust indenture under which the trustee may be a bank having trust powers located inside or outside the state. (b) Regardless of any mortgage, deed of trust lie…

Sec. 383.029. OTHER SECURITY. (a) The bonds may be additionally secured by a mortgage, deed of trust lien, or security interest in a designated control facility of the governing body and all property and rights appurtenant to the control facility. (b) The mortgage, deed of trust …