Tex. Health & Safety Code Section 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 to adopt and enforce rules or carry out duties under Chapter 382 (Texas Clean Air Act).

(b)

Chapter 382 (Texas Clean Air Act) shall be enforced without regard to ownership of a control facility 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 using a control facility under contract with an issuer may not assert the defense of sovereign immunity because of the issuer’s ownership of the control facility.

(d)

An issuer may use other law not in conflict with this chapter to the extent convenient or necessary to carry out a power or authority expressly or impliedly granted by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.200, eff. Sept. 1, 1995.

Source: Section 383.006 — Effect of Chapter on Other Law, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­383.­htm#383.­006 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 383.006’s source at texas​.gov