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Texas Clean Air Act

Texas · HS · §§ 382.001 to 382.655 · 162 sections

Overview

The act sets out a state's framework for controlling air pollution, giving a state commission general authority over emissions of air contaminants and directing it to maintain a state air control plan, designate air quality control regions, and compile an emissions inventory. It equips that agency with the tools to carry this out — rulemaking, entry onto property, monitoring and recordkeeping requirements, sampling and investigation powers, permitting, and the issuance of orders, including emergency orders — while providing for variances, public hearings, and notice before those powers are exercised. Beyond this general machinery, the act reaches specific sources and activities such as outdoor burning, motor vehicle idling and other land-vehicle emissions, incinerators, and certain agricultural and industrial operations, and it fixes the division of authority between the state and local governments over particular subjects, including greenhouse gas emissions.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 63 court decisions.

Most-cited authority: 26 SW3D 684 - Sierra Club v. Texas Natural Resource Conservation Commission

Sections covered

Enacted in other states

Florida, Montana, Rhode Island, Washington

All Texas named statutes →

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