TITLE 30. ENVIRONMENTAL QUALITY
PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 293. WATER DISTRICTS
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to §§293.11, 293.12, 293.15, 293.32, 293.41, 293.59, 293.63, 293.81, and 293.91
The amendments to §§293.11, 293.15, 293.32, 293.41, 293.59, 293.63, 293.81, and 293.91 are being adopted without changes to the proposed text as published in the February 27, 2026, issue of the Texas Register (51 TexReg 978), and therefore, will not be republished. The amendments to §293.12 are being adopted with changes to the proposed text as published in the February 27, 2026, issue of the Texas Register (51 TexReg 978), and therefore, will be republished.
Background and Summary of the Factual Basis for the Adopted Rules
During the 87th Texas Legislature (2021), House Bill (HB) 1410 was passed and requires amendments to 30 Texas Administrative Code (TAC) Chapter 293 to implement the enacted legislation.
During the 88th Texas Legislature (2023), HB 2815, HB 3437, HB 3507, Senate Bill (SB) 1397, and SB 938 were passed and require amendments 30 TAC Chapter 293 to implement the enacted legislation.
This rulemaking reflects changes to Local Government Code (LGC), §375.022 enacted in HB 2815, which allows a Municipal Management District (MMD) to request that a succeeding board of directors be elected under LGC, §375.0645 instead of being appointed under LGC, §375.064.
This rulemaking reflects changes to LGC, §375.025(c), enacted in HB 2815, which require MMDs to complete the Creation Notice Actions and Requirements described by and pursuant to Texas Water Code (TWC), §49.011.
This rulemaking reflects changes to TWC, §49.011(a), enacted in HB 2815, that adds LGC, §375, to the list of TWC Chapters (36, 50, 51, 54, 55, 58, 65, and 66) which define the required documentation for an application for creation of a district to be submitted to the commission.
This rulemaking reflects changes to TWC, §54.030(b), enacted in HB 2815, that repealed amendments to TWC, §54.030(b) in HB 2914, 86th Legislature, Regular Session, 2019. Rule amendments remove outdated references to HB 2914 from 30 TAC §293.15(a)(1) and delete 30 TAC §293.15(c) and its subsections. Bill revisions affect application requirements for the conversion of a district in 30 TAC Chapter 293 enacted in HB 2815.
This rulemaking reflects changes to TWC, §49.316, enacted in HB 2815, that requires a district that's being divided to submit the final order to the commission and file the order with the real property records of the county.
This rulemaking reflects changes to TWC, §57.059, enacted in HB 2815, that stipulates that a director of a Levee Improvement district must: "(1) be at least 18 years old; (2) own land subject to taxation in the district or be a qualified voter in the district; (3) if the director is elected, be a qualified voter of the precinct in the district established by the commissioners court under TWC, §57.058, from which the director is elected."
This rulemaking reflects changes to TWC, §49.4645(a), enacted in SB 938, which adds El Paso County to the list of counties in which water districts can issue bonds to be supported by ad valorem taxes for recreational facilities.
This rulemaking reflects changes to TWC, §49.4645(a-1), enacted in HB 1410 (87th Legislative Session) that allows a district to have a debt to valuation ratio for recreational facilities of up to 3% (up from 1%) provided the district meets certain criteria.
This rulemaking reflects changes to TWC, §49.181, enacted in HB 2815, which adds Austin, Brazos, Liberty, Grimes, Wharton and Walker Counties to the list of counties with a maximum projected tax rate limit of $1.50. It also adds Bastrop, Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, and Milam Counties to the list of counties with a maximum projected tax rate limit of $1.20.
This rulemaking reflects changes to TWC, §49.273(d) and (e), enacted in HB 3507, which requires a district to advertise for projects with a value greater than $150,000. Additionally, HB 3507 requires a district to solicit written competitive bids from at least three bidders for contracts over $25,000 but not more than $150,000. The district is not required to advertise for bids for contracts over $25,000 but no more than $150,000.
This rulemaking reflects changes to TWC, §49.011(b), enacted in SB 1397, that requires the commission to provide notice to each state representative and state senator who represents the area inside the proposed district.
This rulemaking reflects changes to TWC, §49.273(i), enacted in HB 3437, which allows a district to approve change orders that involve an increase or decrease of $150,000 or less.
Section by Section Discussion
§293.11, Information Required to Accompany Applications for Creation of Districts
The commission amends §293.11(j)(1) by adding (G) allowing the succeeding board of directors of a MMD to be elected, rather than appointed, to implement changes made to LGC §375.022 and §375.0645 made by HB 2815.
§293.12, Creation Notice Actions and Requirements
The commission amends §293.12(a) to require the commission to notify the chief clerk that a creation application for a MMD is administratively complete. The commission deletes §293.12(g) relating to hearing requirements for Municipal Management Districts to implement changes to LGC, Chapter 375, Municipal Management Districts made by HB 2815 and to reorder the subsequent subsections. The commission adds new subsection (h) which requires the executive director to provide the notice of creation application to each state representative and state senator who represents an area inside the proposed district's boundaries that the petition has been filed to implement the statutory changes made by SB 1397.
293.15, Addition of Wastewater and/or Drainage Powers and Conversion of Districts into Municipal Utility Districts
The commission amends §293.15(b)(1) by removing outdated references to TWC, §54.030(b). Amendments made by HB 2914 of the 86th legislative session to TWC, §54.030(b) were repealed by HB 2815. The commission deletes existing language in §293.15(c) and §293.15(d) to remove outdated references to TWC, §54.030(b) which were repealed by HB 2815. Subsequent subsections were renumbered. The commission adds §293.15(b)(5) which requires evidence that the resolution on conversion was mailed to the Texas State Senator(s) and State Representative(s) who represent the area in which the district is located be included with application material.
§293.32, Qualifications of Directors
The commission adds new §293.32(a)(2) which requires the director of a levee improvement district created under TWC, Chapter 57: (A) to be at least 18 years old; own land subject to taxation in the district or be a qualified voter in the district; and if the director is elected, be a qualified voter of the precinct in the district established by the commissioners court under TWC, §57.058 from which the director is elected. This addition is to implement the changes made to TWC, §57.059 by HB 2815. Subsequent paragraphs are renumbered.
§293.41, Approval of Projects and Issuance of Bonds
The commission amends §293.41(e) to add El Paso County to the list of counties in which water districts can authorize recreational debt supported by ad valorem taxes to implement changes made to TWC, §49.4645 made by SB 938. The commission also amends §293.41(e)(4) to remove language struck in TWC, §49.4645 made by HB 1410. The commission also amends §293.41(e)(5) to increase allowable recreational debt to valuation ratio from 1% to up to 3% if the district has a ratio of debt to certified assessed valuation of 10% or less, obtains an acceptable credit rating as defined in §293.47(b)(4) on its proposed bond issue, obtains a credit enhanced rating as defined in §293.57(b)(5) on its proposed bond issue, or has a contract with a political subdivision or an entity acting on behalf of a political subdivision under which the political subdivision or the entity agrees to provide to the district taxes or other revenues, as consideration for the district's development or acquisition of the facility to implement changes made to TWC, §49.4645 made by HB 1410, 87th Legislature.
§293.59, Economic Feasibility of Project
The commission amends §293.59(k)(3)(A) by adding Austin, Brazos, Grimes, Liberty, Wharton, and Walker Counties to the list of counties with a maximum tax rate limit of $1.50 to implement changes made to TWC, §49.181 by HB 2815. The commission amends §293.59(k)(3)(B) by adding Bastrop, Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, and Milam Counties to the list of counties with a maximum tax rate limit of $1.20 to implement changes made to TWC, §49.181 by HB 2815. The commission amends §293.59(k)(4)(A) by adding Austin, Brazos, Grimes, Liberty, Wharton, and Walker Counties to the list of counties with combined no-growth maximum tax rate limit of $2.50 to implement changes made to TWC, §49.181 by HB 2815. The commission amends §293.59(k)(4)(B) by adding Bastrop, Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, and Milam Counties to the list of counties with combined no-growth maximum tax rate limit of $2.20 to implement changes made to TWC, §49.181 by HB 2815. The commission amends §293.59(k)(11)(C)(i) by adding Austin, Brazos, Grimes, Liberty, Walker, and Wharton Counties to the list of counties with a combined no-growth tax rate limit specifically attributable to water, sewage, drainage, recreational facilities, and roads of $1.50 to implement changes made to TWC, §49.181 by HB 2815. The commission amends §293.59(k)(11)(C)(ii) by adding Bastrop, Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, and Milam Counties to the list of counties with a combined no-growth tax rate limit specifically attributable to water, sewage, drainage, recreational facilities, and roads of $1.20 to implement changes made to TWC, §49.181 by HB 2815.
§293.63, Contract Documents for Water District Projects
The commission amends §293.63(8) to raise the contract value that triggers the requirement to advertise projects from over $75,000 to over $150,000, as well as raise the contract value that triggers the requirement to solicit written competitive bids from over $25,000 but not more than $75,000 to over $25,000 but not more than $150,000 to implement changes made to TWC, §49.273 by HB 3507.
§293.81, Change Order
The commission amends §293.81(2) - (3) to revise the limit for change orders with no commission approval from $50,000 to $150,000 to conform with changes to TWC, §49.273 enacted in HB 3437.
§293.91, Reporting by Districts
The commission adds new §293.91(a)(7) to require submittal of an order dividing a district within 30 days after the date of adoption of the order dividing a district. This addition implements changes to TWC, §49.316, enacted in HB 2815.
Final Regulatory Impact Determination
The commission reviewed the rulemaking adoption in light of the regulatory analysis requirements of Texas Government Code (TGC), §2001.0225 and determined that the rulemaking is not subject to §2001.0225 because it does not meet the definition of a "Major environmental rule" as defined in the Texas Administrative Procedure Act. A "Major environmental rule" is a rule that is specifically intended to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state.
This rulemaking does not meet the statutory definition of a "Major environmental rule" because it is not the specific intent of the rule to protect the environment or reduce risks to human health from environmental exposure. The primary purpose of the rulemaking adoption is to implement legislative changes enacted by: HB 1410 from the 87th Texas Legislature; and HB 2815, HB 3437, HB 3507, SB 938, and SB 1397 from the 88th Texas Legislature.
HB 1410 allows water districts to have a debt to valuation ratio between 1% and 3%, inclusive, if certain criteria are met.
HB 2815 revises the petition and notice requirements for the creation of MMDs; changes how the Commission evaluates the financial feasibility of projects for which a district seeks to issue bonds; changes the process for converting into, dividing, and consolidating Municipal Utility Districts (MUDs); and changes the eligibility requirements to be a district director.
HB 3437 increases the maximum dollar amount that an employee or official of a district may approve in a change order.
HB 3507 changes the threshold amounts that determine when a district may solicit bids and when a district must advertise contract letting in a newspaper.
SB 938 adds El Paso County to a list of counties in which water districts may issue bonds for recreational facilities.
SB 1397 requires that the commission provide notice of district application to each state senator and state representative who represents the area inside the proposed district's boundaries.
The adopted rules will substantially advance this purpose by amending the Chapter 293 rules to incorporate the new statutory requirements.
In addition, the rulemaking does not meet the statutory definition of a "Major environmental rule" because the adopted rules will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The cost of complying with the adopted rules is not expected to be significant with respect to the economy.
Furthermore, the rulemaking adoption is not subject to TGC, §2001.0225 because it does not meet any of the four applicability requirements listed in TCG, §2001.0225(a). There are no federal standards governing the areas of construction finances, director qualifications, recreational facility bonds, and notice to state legislators, with respect to water districts. Second, the rulemaking adoption does not exceed an express requirement of state law. Third, the rulemaking adoption does not exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program. Finally, the rulemaking adoption will be adopted pursuant to the commission's specific authority in TWC, §12.081, which allows the commission to issue rules necessary to supervise districts and authorities. Therefore, the rules are not adopted solely under the commission's general powers.
Takings Impact Assessment
The commission evaluated the adopted rules and performed an analysis of whether the adopted rules constitute a taking under TGC, Chapter 2007. The primary purpose of the rulemaking adoption is to implement legislative changes enacted by HB 1410 from the 87th Texas Legislature; and HB 2815, HB 3437, HB 3507, SB 938, and SB 1397 from the 88th Texas Legislature.
HB 1410 allows water districts to have a debt to valuation ratio between 1% and 3%, inclusive, if certain criteria are met.
HB 2815 revises the petition and notice requirements for the creation of MMDs; changes how the Commission evaluates the financial feasibility of projects for which a district seeks to issue bonds; changes the process for converting into and dividing Municipal Utility Districts (MUDs); and changes the eligibility requirements to be a district director for Levee Improvement Districts.
HB 3437 increases the maximum dollar amount that an employee or official of a district may approve in a change order.
HB 3507 changes the threshold amounts that determine when a district may solicit bids and when a district must advertise contract letting in a newspaper.
SB 938 adds El Paso County to a list of counties in which water districts may issue bonds for recreational facilities.
SB 1397 requires that the commission provide notice of district application to each state senator and state representative who represents the area inside the proposed district's boundaries.
The adopted rules will substantially advance this purpose by amending the Chapter 293 rules to incorporate the new statutory requirements.
Promulgation and enforcement of these adopted rules will be neither a statutory nor a constitutional taking of private real property. The adopted rules do not affect a landowner's rights in private real property because this rulemaking does not relate to or have any impact on an owner's rights to property. This rulemaking adoption will primarily affect districts, especially in the areas of creations/conversions, projects, and authority; this will not be an effect on private real property. Therefore, the adopted rulemaking will not constitute a taking under TGC, Chapter 2007.
Consistency with the Coastal Management Program
The commission reviewed the rulemaking adoption and found that the sections proposed for amendments are neither identified in Coastal Coordination Act implementation rules, 31 TAC §29.11(b)(2) or (4), nor will the amendments affect any action or authorization identified in Coastal Coordination Act implementation rules, 31 TAC §29.11(a)(6). Therefore, the rulemaking adoption is not subject to the Texas Costal Management Program.
The commission invited public comment regarding the consistency with the coastal management program during the public comment period. No comments were received regarding the Coastal Management Program.
Public Comment
The commission held a public hearing on March 16, 2026. The comment period closed on March 17, 2026. The commission received comments from Allen Boone Humphries Robinson LLP (ABHR) and Haynes and Boone LLP (HBLLP). Both comments received were neither in support of nor against the rulemaking, rather, suggested changes to the proposed language.
Comment
ABHR commented that the changes made to §293.12(g) did not implement the requirement enacted in SB 1397 stating the bill requires TCEQ to provide the "creation notice" to each state representative and state senator who represents an area inside the proposed District boundaries.
Response
The commission agrees with this comment and has implemented the requirement enacted in SB 1397 stating the bill requires TCEQ to provide the "creation notice" to each state representative and state senator who represents an area inside the proposed District boundaries.
Comment
ABHR commented that the changes did not implement changes made by HB 2815 to repeal §54.103 and that this statutory change needs to be implemented in §293.32(a) by deleting §293.32(a)(6) and reordering subsequent numbers.
Response
The commission responds by concurring with the suggestion and will continue to operate under the revised requirements of the statute; however, changes to 30 TAC §293.32(a) regarding the repeal of TWC § 54.103 were not included as a part of the proposal publication for this rulemaking. Therefore, the commission will consider addressing the change to 30 TAC §293.32(a)(6) in a future rulemaking.
Comment
ABHR commented that changes to §293.41 require an update to §293.44(b)(4) to correctly reference §293.41(e)(1) - (7) instead of §293.41(e)(1) - (6) due to reordering of §293.41(e) made during changes to §293.41.
Response
The commission responds by concurring with the suggestion and will continue to operate under the revised requirements of the statute; however, changes to 30 TAC §293.44(b)(4) were not included as a part of the proposal publication for this rulemaking. Therefore, the commission will consider addressing the change to 30 TAC §293.44(b)(4) in a future rulemaking.
Comment
ABHR commented that amendments to TWC §49.455(c) amended by HB 2815 removed "and map or plat" from §49.455(c). ABHR suggests that §293.92(1)(K)(i) be amended to remove "and map or plat" as well.
Response
The commission responds by concurring with the suggestion and will continue to operate under the revised requirements of the statute; however, changes to 30 TAC §293.92(1)(K)(i) were not included as a part of the proposal publication for this rulemaking. Therefore, the commission will consider addressing the change to 30 TAC §293.92(1)(K)(i) in a future rulemaking.
Comment
HBLLP commented that the changes to §293.15 removed the requirement for a district that wishes to convert to hold a public hearing pursuant to §54.032 and that transparency regarding these conversions is particularly important.
Response
The commission responds that the hearing and notice actions are still required under §§54.030 and 54.032 but take place prior to the applicant's submittal of the conversion application to the commission. The requirement to submit proof of the notice and hearing to the commission is deleted from §293.15 because the statute does not require evidence of the publication under §54.032 to be submitted to the commission. No changes have been made in response to this comment.
SUBCHAPTER
B.
Statutory Authority
This rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) in HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
§293.12.
(a) On receipt by the executive director of all required documentation associated with an application for creation of a district by the commission in accordance with Texas Water Code (TWC), Chapter 51, multi-county Water Control and Improvement Districts or single-county Water Control and Improvement Districts requesting additional powers; Chapter 54, Municipal Utility Districts; Chapter 55, Water Improvement Districts; Chapter 58, multi-county Irrigation Districts; Chapter 59, Regional Districts; Chapter 65, Special Utility Districts; Chapter 66, Stormwater Control Districts; and Texas Local Government Code, Chapter 375, Municipal Management Districts, the executive director shall notify the chief clerk that the application is administratively complete.
(b) For those applications described in subsection (a) of this section, the chief clerk shall send a copy of a notice to the applicant indicating that an application has been received and notifying interested persons of the procedures for requesting a public hearing. The applicant shall cause the notice to be published as follows:
(1) notice must be published once a week for two consecutive weeks in a newspaper regularly published or circulated in the county or counties where the district is proposed to be located with the last publication not later than the 30th day before the date on which the commission may act on the application; and
(2) not later than the 30th day before the date on which the commission may act on the application, the notice must be posted on the bulletin board used for posting legal notices in each county in which all or part of the proposed district is to be located.
(c) For those applications described in subsection (a) of this section, the commission may act on an application without holding a public hearing if a public hearing is not requested by the commission, the executive director, or an affected person in the manner prescribed by commission rule during the 30 days following the final publication of notice under this section. If the commission determines that a public hearing is necessary, the chief clerk shall advise all parties of the time and place of the hearing. The commission is not required to provide public notice of a hearing under this subsection.
(d) For a petition for the creation of a Special Utility District in accordance with TWC, Chapter 65, which includes transfer of the certificate of public convenience and necessity, the applicant shall also, unless waived by executive director, mail copies of the notice to customers of the water supply corporation and other affected parties at least 120 days prior to approval. Such notice shall include the following:
(1) name and business address of the district;
(2) a description of the service area involved;
(3) the anticipated effect of the conversion on the operation or the rates and services provided to customers; and
(4) a statement that if a hearing is granted, persons may attend the hearing and participate in the process.
(e) If a petition for the creation of a Special Utility District in accordance with TWC, Chapter 65, contains a request for approval of an impact fee, the applicant shall comply with the notice provisions of §293.173 of this title (relating to Impact Fee Notice Actions and Requirements).
(f) Regardless of whether a public hearing is held or not, for an application for creation of a Special Utility District in accordance with TWC, Chapter 65, the commission may only consider a purpose for which the district is being created that is specified in the resolution.
(g) Upon receipt of a petition to create a district under TWC, Chapter 54, all of which is to be located outside the corporate limits of a municipality, the executive director shall notify the commissioners court of any county in which the proposed district is to be located that the petition has been filed.
(h) Pursuant to TWC, §49.011(b), the commission shall provide the notice as described in §293.12(b) of this title (relating to creation notice actions and requirements) to each state representative and state senator who represents an area inside the proposed district 's boundaries.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603236
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678
SUBCHAPTER
D.
Statutory Authority
The rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603237
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678
SUBCHAPTER
E.
Statutory Authority
The rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) in HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603238
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678
SUBCHAPTER
F.
Statutory Authority
The rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) in HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603239
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678
SUBCHAPTER
G.
Statutory Authority
The rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) in HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603240
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678
SUBCHAPTER
H.
Statutory Authority
The rulemaking is adopted under Local Government Code (LGC), §§375.022, 375.025, and 375.0645 and Texas Water Code (TWC), §§49.011, 49.316, 49.4645, 49.181, 49.273, 54.030, and 57.059.
The rulemaking adoption implements the following legislation: LGC, §375.022 in House Bill (HB) 2815; LGC, §375.0645(a) - (f) in HB 2815; LGC, §375.025(c) in HB 2815; TWC, §49.011(a) in HB 2815; TWC, §49.011(b) in SB 1397; TWC, §49.316(a) - (l) in HB 2815; TWC, §49.4645(a) in SB 938; TWC, §49.181(f-1)(1) and (2) in HB 2815; TWC, §49.273(d) and (e) in HB 3507; TWC, §49.273(i) in HB 3437; TWC, §54.030(b) in HB 2815; TWC, §57.059(a) in HB 2815; and TWC, §49.4645(a) and (a-1) in HB 1410 (87th Legislature).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 31, 2026.
TRD-202603241
Amy L. Browning
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: August 20, 2026
Proposal publication date: February 27, 2026
For further information, please call: (512) 239-2678