Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 70 - ENFORCEMENT
Subchapter D - CRIMINAL ENFORCEMENT REVIEW
Section 70.202 - Applicability
Universal Citation: 30 TX Admin Code § 70.202
Current through Reg. 50, No. 13; March 28, 2025
(a) As required under Texas Water Code, § 7.203, a written request for review of an alleged criminal environmental violation shall be submitted to the executive director prior to referring to a prosecuting attorney for criminal prosecution if all the following criteria are met:
(1) the individual submitting the request is
a peace officer, as that term is defined in Texas Water Code, §
7.193 or Texas Code of
Criminal Procedure, Chapter 2;
(2)
the alleged criminal offense is a violation of the Texas Water Code or the
Texas Health and Safety Code;
(3)
the person alleged to have committed the criminal violation is the holder of a
permit issued by the commission or executive director or an employee of a
person holding such a permit; and
(4) the alleged criminal violation is related
to the activity for which the permit was issued.
(b) A written request for review is not required to be submitted to the executive director under Texas Water Code, § 7.203, if the alleged violation constitutes imminent danger of death or bodily injury under an endangerment offense specified in Texas Water Code, § 7.252.
(c) This subchapter does not apply to:
(1) enforcement by a local government of
statutory provisions within the jurisdiction of the local government, and not
within the jurisdiction of the commission, or to enforcement of the local
government's own codes, ordinances, rules, orders, permits, or other decisions;
and
(2) Class C misdemeanors that
are initiated by a peace officer filing a complaint or citation with an
appropriate court without first referring the case to a prosecuting
attorney.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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