2025 Texas Statutes
Water Code
Title 2 - Water Administration
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality
Subchapter E. Administrative Provisions for Commission
Section 5.176. Complaint File
Sec. 5.176. COMPLAINT FILE. (a) The commission shall maintain a file on each written complaint filed with the commission about a matter within the commission's regulatory jurisdiction. The file must include:
(1) the name of the person who filed the complaint, unless the person has specifically requested anonymity;
(2) the date the complaint is received by the commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint.
(b) The commission shall establish and implement procedures for receiving complaints submitted by means of the Internet and orally and shall maintain files on those complaints as provided by Subsection (a).
(c) The commission is not required to investigate a complaint:
(1) that may be addressed during other commission activities; or
(2) that was filed by an individual when there is not a reasonable probability that the commission can substantiate the complaint and:
(A) the complaint is repetitious or redundant of other complaints concerning the same site investigated in the preceding 12 months that were not substantiated by the commission; or
(B) the complainant has filed in the preceding seven years at least five complaints that were not substantiated by the commission.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 965, Sec. 1.15, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1065 (S.B. 471), Sec. 1, eff. September 1, 2023.
