Texas § 362.004 EFFECT OF OTHER LAW.

Texas Statutes

§ 362.004 — EFFECT OF OTHER LAW.

Texas § 362.004

Code HSHealth and Safety Code

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Bluebook

Tex. Health and Safety Code Code Ann. § 362.004 (2026).

Text

Sec. 362.004. EFFECT OF OTHER LAW.

(a)This chapter does not limit the authority of the Texas Commission on Environmental Quality or a local government to:

(1)perform a power or duty provided by other law; or

(2)adopt and enforce rules to carry out duties under Chapter 361 (Solid Waste Disposal Act).

(b)Chapter 361 (Solid Waste Disposal Act) shall be enforced without regard to ownership of a system financed under this chapter.

(c)This chapter does not affect the right of a private person to pursue, against a person who contracts with an issuer under this chapter, a common-law remedy to abate, or recover damages for, a condition of pollution or other nuisance. A person purchasing or leasing a system under contract with an issuer may not assert the defense of sovereign immunity because o

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Sec. 362.004. EFFECT OF OTHER LAW. (a) This chapter does not limit the authority of the Texas Commission on Environmental Quality or a local government to:
(1) perform a power or duty provided by other law; or
(2) adopt and enforce rules to carry out duties under Chapter 361 (Solid Waste Disposal Act).
(b) Chapter 361 (Solid Waste Disposal Act) shall be enforced without regard to ownership of a system financed under this chapter.
(c) This chapter does not affect the right of a private person to pursue, against a person who contracts with an issuer under this chapter, a common-law remedy to abate, or recover damages for, a condition of pollution or other nuisance. A person purchasing or leasing a system under contract with an issuer may not assert the defense of sovereign immunity because of the issuer's ownership of the system.
(d) An issuer or public agency may use other law not in conflict with this chapter to the extent convenient or necessary to carry out any authority expressly or impliedly granted by this chapter.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.031, eff. Aug. 12, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766 ), Sec. 14, eff. September 1, 2025.