Tex. Health & Safety Code § 382.113

AUTHORITY OF MUNICIPALITIES

Known as the Texas Clean Air Act

The act spans §§ 382.001 to 382.655 (162 sections).

Applied in 4 court decisions — leading case Southern Crushed Concrete, Llc v. City of Houston (2013)

Most recently applied in the City of Fort Worth and David Cooke, in His Official Capacity as Fort Worth City Manager v. Stephannie Lynn Rylie, Texas C&D Amusements, Inc., and Brian and Lisa Scott D/B/A TSCA and D/B/A River Bottom Pub (October 2018)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Subject to Section 381.002, a municipality has the powers and rights as are otherwise vested by law in the municipality to:

(1) abate a nuisance; and

(2) enact and enforce an ordinance for the control and abatement of air pollution, or any other ordinance, not inconsistent with this chapter or the commission's rules or orders.

(b) An ordinance enacted by a municipality must be consistent with this chapter and the commission's rules and orders and may not make unlawful a condition or act approved or authorized under this chapter or the commission's rules or orders.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.