Tex. Health & Safety Code § 362.004 · Subchapter A. GENERAL PROVISIONS
EFFECT OF OTHER LAW.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This chapter does not limit the authority of the Texas Commission on Environmental Quality or a local government to:
(1) perform a power or duty provided by other law; or
(2) adopt and enforce rules to carry out duties under Chapter 361 (Solid Waste Disposal Act).
(b) Chapter 361 (Solid Waste Disposal Act) shall be enforced without regard to ownership of a system financed under this chapter.
(c) This chapter does not affect the right of a private person to pursue, against a person who contracts with an issuer under this chapter, a common-law remedy to abate, or recover damages for, a condition of pollution or other nuisance. A person purchasing or leasing a system under contract with an issuer may not assert the defense of sovereign immunity because of the issuer's ownership of the system.
(d) An issuer or public agency may use other law not in conflict with this chapter to the extent convenient or necessary to carry out any authority expressly or impliedly granted by this chapter.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.031, eff. Aug. 12, 1991.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 14, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.362.htm
- Text hash
- sha256 4c43339bfa740cef7ba17bd204a2c64458349869a2d99be71a68294a1e9ece62
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.