Texas Administrative Code Title 31 - NATURAL RESOURCES AND CONSERVATION
What is Texas Administrative Code Title 31?
The Texas Administrative Code (TAC) compiles rules made by state agencies under the authority of Texas law.
Title 31 covers Natural Resources and Conservation, which includes agencies and rules related to water, parks, environmental quality, energy conservation, and natural resource management.
These rules govern how Texas manages its land, water, air, minerals, parks, and related environmental concerns.
Major Agencies Covered Under Title 31
| Agency | Role / Focus |
|---|---|
| Texas Commission on Environmental Quality (TCEQ) | Oversees air and water quality, waste management, permits, environmental enforcement. It’s the main environmental regulatory body in Texas. |
| Texas Parks and Wildlife Department (TPWD) | Manages state parks, wildlife conservation, hunting and fishing regulations. |
| Railroad Commission of Texas (RRC) | Regulates oil and gas production, pipeline safety, mining activities. |
| Texas Water Development Board (TWDB) | Plans and finances water resources projects. |
| Texas General Land Office (GLO) | Manages state-owned lands, including coastal and submerged lands. |
Key Subject Areas in Title 31
Environmental Quality and Permits
Air quality permits (e.g., emission limits, permitting processes).
Water rights and wastewater discharge permits.
Hazardous waste management rules.
Enforcement procedures and penalties for violations.
Water Resource Management
Water use permits and groundwater conservation district rules.
Water quality standards.
Drought contingency plans and water planning.
Natural Resource Conservation
Wildlife habitat conservation.
State parks management and recreational use.
Coastal zone management.
Energy and Mining Regulation
Oil and gas drilling permits, safety, and environmental protections.
Pipeline and storage tank rules.
Mining and reclamation rules.
How Title 31 Operates Legally
Rules in Title 31 are created under statutes like the Texas Water Code, Texas Clean Air Act, Texas Solid Waste Disposal Act, and others.
Agencies must follow the Texas Administrative Procedure Act (APA) when adopting or enforcing rules — ensuring public notice, comment, and fair hearings.
The rules carry the force of law and regulate activities such as discharges into water bodies, emissions into the air, and use of state lands.
Agencies enforce rules through inspections, permits, penalties, and sometimes administrative hearings.
Important Case Law Illustrating Title 31 Principles
Here are some landmark cases that highlight how Texas courts interpret and apply Title 31 rules or the statutes behind them:
| Case | Summary | Significance |
|---|---|---|
| Texas Commission on Environmental Quality v. Texas Citizens for a Safe Future and Clean Water, 336 S.W.3d 619 (Tex. 2011) | TCEQ issued a permit allowing discharge into water bodies. Opponents challenged the permit based on environmental concerns and procedural fairness. | The Texas Supreme Court held that TCEQ has broad discretion to issue permits but must comply with statutory and procedural requirements. It confirmed the agency’s expertise and deference given by courts, but emphasized the need for fair procedures and substantial evidence in permitting decisions. |
| Railroad Commission of Texas v. Manziel, 361 S.W.2d 560 (Tex. 1962) | Dispute over RRC’s authority to regulate oil well operations and safety standards. | The court affirmed the broad regulatory authority of the RRC over oil and gas operations, emphasizing the importance of balancing economic interests with environmental and public safety concerns. This case laid the foundation for RRC’s power under Title 31 rules. |
| Texas Water Rights Commission v. Crow, 427 S.W.2d 144 (Tex. 1968) | Conflict over water rights permits and priority of use. | The court upheld the commission’s authority to allocate water rights under the permit system established by the Texas Water Code, reinforcing the legal framework for water resource management under Title 31. |
| Lone Star Chapter of Sierra Club v. Texas Commission on Environmental Quality, 184 S.W.3d 438 (Tex. App. — Austin 2006) | Environmental group challenged TCEQ’s issuance of a permit related to air quality. | Court held that while courts defer to agency expertise, agencies must follow proper procedures and base decisions on substantial evidence, underscoring the limits of administrative discretion under Title 31. |
| Texas Parks and Wildlife Department v. Resendez, 151 S.W.3d 384 (Tex. App. — San Antonio 2004) | Dispute regarding TPWD’s authority to regulate hunting on state-owned land. | The court affirmed TPWD’s authority under statute and administrative rules to regulate wildlife and recreational activities on state lands. This case illustrates how Title 31 empowers TPWD to enforce conservation and recreational rules. |
Legal Themes and Principles
Agency Discretion with Limits
Agencies under Title 31 have broad discretion to regulate natural resources but must act within statutory authority and procedural fairness. Courts defer to agency expertise but review for abuse of discretion.
Environmental Protection Balanced with Economic Interests
Many cases stress balancing environmental conservation with economic uses, especially in oil/gas and water permitting.
Procedural Fairness and Substantial Evidence
Parties affected by agency decisions often have rights to hearings and must be given due process. Courts review agency decisions to ensure they rest on substantial evidence, not arbitrary choices.
Permit Systems are Central
Much of Title 31 regulation operates through permits—water use, air emissions, waste disposal, drilling—which grant legal authority to engage in regulated activities under conditions.
Enforcement and Penalties
Agencies can impose fines, suspend permits, or order corrective actions. Enforcement must comply with due process under APA.
Summary
Texas Administrative Code Title 31 is a comprehensive set of rules managing Texas’s natural resources, environment, parks, and energy/mining sectors. It delegates regulatory authority to agencies like TCEQ, RRC, TPWD, and others, which operate under state laws to balance resource use and conservation.
The courts generally uphold agency rules and actions if grounded in statute, supported by evidence, and executed with fairness. Key cases illustrate how courts handle challenges to permits, enforcement, and agency authority, always balancing environmental protection with statutory and constitutional rights.
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