Tex.
Water Code Section 5.501
Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition
(a)
For the purposes and in the manner provided by this subchapter, the commission:(1)
may issue a temporary or emergency mandatory, permissive, or prohibitory order; and(2)
by temporary or emergency order may:(A)
issue a temporary permit; or(B)
temporarily suspend or amend a permit condition.(b)
The commission may issue an emergency order under this subchapter after providing the notice and opportunity for hearing that the commission considers practicable under the circumstances or without notice or hearing. Except as provided by Section 5.506 (Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses), notice must be given not later than the 10th day before the date set for a hearing if the commission requires notice and hearing before issuing the order. The commission shall give notice not later than the 20th day before the date set for a hearing on a temporary order.(c)
The commission by order or rule may delegate to the executive director the authority to:(1)
receive applications and issue emergency orders under this subchapter and Section 13.041 (General Powers of Utility Commission and Commission; Rules; Hearings)(h); and(2)
authorize, in writing, a representative or representatives to act on the executive director’s behalf under this subchapter and Section 13.041 (General Powers of Utility Commission and Commission; Rules; Hearings)(h).(d)
Chapter 2001 (Administrative Procedure), Government Code, does not apply to the issuance of an emergency order under this subchapter without a hearing.(e)
A law under which the commission acts that requires notice of hearing or that sets procedures for the issuance of permits does not apply to a hearing on an emergency order issued under this subchapter unless the law specifically requires notice for an emergency order. The commission shall give the general notice of the hearing that the commission considers practicable under the circumstances.(f)
An emergency or temporary order issued under this subchapter does not vest in the permit holder or recipient any rights and expires in accordance with its terms.(g)
The commission may prescribe rules and adopt fees necessary to carry out and administer this subchapter.
Source:
Section 5.501 — Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.5.htm#5.501 (accessed Jun. 5, 2024).
