Texas § 5.122 DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.

Texas Statutes

§ 5.122 — DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.

Texas § 5.122

Code WAWater Code

This text of Texas § 5.122 (DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Water Code Code Ann. § 5.122 (2026).

Text

Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.

(a)The commission by rule or order may delegate to the executive director the commission's authority to act on an application or other request to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate, or modify a permit, license, certificate, registration, or other authorization or approval if:

(1)required notice of the application or request for the authorization or approval has been given;

(2)the holder of or applicant for the authorization or approval agrees in writing to the action to be taken by the executive director; and

(3)the application or request:

(A)is uncontested and does not require an evidentiary hearing;

(B)has become uncontested before parties are named because each person who r

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR. (a) The commission by rule or order may delegate to the executive director the commission's authority to act on an application or other request to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate, or modify a permit, license, certificate, registration, or other authorization or approval if:
(1) required notice of the application or request for the authorization or approval has been given;
(2) the holder of or applicant for the authorization or approval agrees in writing to the action to be taken by the executive director; and
(3) the application or request:
(A) is uncontested and does not require an evidentiary hearing;
(B) has become uncontested before parties are named because each person who requested a contested case hearing within the time allowed by law has:
(i) withdrawn the request for a contested case hearing without condition;
(ii) withdrawn the request for a contested case hearing conditioned only on the withdrawal of all other hearing requests; or
(iii) agreed in writing to allow the executive director to make a final decision on the matter; or
(C) has become uncontested because all parties have agreed in writing to the action to be taken by the executive director.
(b) A person affected by an action the executive director takes on a matter delegated under this section may appeal the executive director's action to the commission unless the action is a decision:
(1) regarding a federal operating permit under Subchapter C , Chapter 382 , Health and Safety Code; or
(2) specified as final and appealable by the commission rule that delegates the decision to the executive director.
(c) A person affected by a decision of the executive director on a matter delegated under this section that regards a federal operating permit under Subchapter C , Chapter 382 , Health and Safety Code, may:
(1) petition the administrator of the United States Environmental Protection Agency in accordance with rules adopted under Section 382.0563 , Health and Safety Code; or
(2) file a petition for judicial review under Section 382.032 , Health and Safety Code.
(d) The commission's authority under this section is cumulative of the commission's authority to delegate its powers, duties, or rights under any other law.

Texas Commission on Environmental Quality, Mark R. Vickery, Executive Director, Concerned Citizens for Red River County and Edwin R. Stephenson// Edwin B. Kelsoe v. Edwin B. Kelsoe// Texas Commission on Environmental Quality, Mark R. Vickery, Executive Director, Concerned Citizens for Red River County, and Edwin R. Stephenson

(Court of Appeals of Texas, 2009)

Walter West, P.E., and the Lone Star Chapter of the Sierra Club v. Texas Commission on Environmental Quality and Abitibi-Consolidated Corp.

(Court of Appeals of Texas, 2008)

Cities of Dickinson, Friendswood, La Marque, League City, Lewisville and Texas City v. Public Utility Commission of Texas and Texas-New Mexico Power Company

(Court of Appeals of Texas, 2009)

COM'N ON ENVIRONMENTAL QUALITY v. Kelsoe

286 S.W.3d 91 (Court of Appeals of Texas, 2009)

AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Commission on Environmental Quality; And Jonah Water Special Utility District v. City of Georgetown, Texas

(Court of Appeals of Texas, 2025)

Legislative History

Added by Acts 1995, 74th Leg., ch. 860, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. 302, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1065 (H.B. 3177 ), Sec. 1, eff. September 1, 2017.