CHAPTER 21. ADMINISTRATION OF AERONAUTICS

TRANSPORTATION CODE

TITLE 3. AVIATION

CHAPTER 21. ADMINISTRATION OF AERONAUTICS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 21.001. DEFINITIONS. In this chapter:

(1) "Aeronautics" means:

(A) the art and science of flight of aircraft;

(B) aviation;

(C) the operation, navigation, piloting, maintenance, and

construction of aircraft or component parts of aircraft;

(D) air navigation aids, including lighting, markings, and

aircraft, ground, and related communications;

(E) air crew and air passenger facilities;

(F) airports and airstrips and their design, construction,

repair, maintenance, or improvement; and

(G) the dissemination of information and instruction concerning

any of the matters in this subdivision.

(2) "Aircraft" means a device intended, used, or designed for

flight in the air.

(3) "Commission" means the Texas Transportation Commission.

(4) "Department" means the Texas Department of Transportation.

(5) "Director" means the director of the Texas Department of

Transportation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.002. AVIATION DIVISION. The powers and duties granted

to the department by this chapter or by other law related to

aviation shall be performed, under the direction of the

commission, by the aviation division.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.003. AVIATION ADVISORY COMMITTEE. (a) The aviation

advisory committee consists of six members appointed by the

commission to advise the commission and the department on

aviation matters.

(b) A committee member must have five years of successful

experience as:

(1) an aircraft pilot;

(2) an aircraft facilities manager; or

(3) a fixed-base operator.

(c) A committee member serves at the pleasure of the commission.

(d) A committee member may not receive compensation for serving

as a member but is entitled to reimbursement for reasonable

expenses incurred in performing the member's duties.

(e) The commission may adopt rules to govern the operations of

the committee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.004. TEXAS AVIATION OPERATING ACCOUNT. (a) The Texas

aviation operating account is an account in the state highway

fund.

(b) The department shall deposit all money received from the

sale of advertising in the Texas Airport Directory to the credit

of the account.

(c) Money in the account may be appropriated for the operation

of the department or for other purposes as authorized by the

General Appropriations Act.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.005. SUIT AGAINST DEPARTMENT. (a) An interested party

who is adversely affected by an act, decision, rate, charge,

order, or rule adopted by the department and who fails to get

relief from the department may file a petition against the

department in a district court of Travis County, Texas.

(b) The petition must set forth the air carrier's or party's

particular objections to the act, decision, rate, charge, order,

or rule.

(c) The court shall give priority to an action described by

Subsection (a) over all other causes on the docket of a different

nature.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.006. SAFE AIRCRAFT OPERATION. (a) An aircraft operated

in the state shall be operated safely.

(b) An aircraft is operated safely if the operation complies

with the United States laws and regulations governing air traffic

and aeronautical operation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. GENERAL POWERS AND DUTIES

Sec. 21.051. AERONAUTIC DEVELOPMENT. The department and the

director shall encourage and assist the development of

aeronautics in this state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.052. COOPERATION WITH OTHER ENTITIES IN AERONAUTIC

DEVELOPMENT. The department and the director may:

(1) cooperate with or assist the United States, a governmental

subdivision of this state, or a person engaged in aeronautics or

in the development of aeronautics; and

(2) coordinate the aeronautical activities of entities described

by Subdivision (1).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.053. GOVERNMENTAL SUBDIVISION COOPERATION IN AERONAUTIC

DEVELOPMENT. A governmental subdivision may cooperate with the

department in the development of aeronautics.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.054. AUTHORITY TO CONTRACT. (a) The department may

contract as necessary or advisable to execute its powers under

this chapter.

(b) The department may not enter an agreement that binds the

state to make a payment that is not authorized by an

appropriation from general revenues or from the aeronautics fund.

(c) Repealed by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May

17, 1999.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May 17,

1999.

Sec. 21.055. GRANT OR GIFT WITH PRESCRIBED PURPOSE. The

department may accept from any person a grant or gift of money or

property for which the person has prescribed a particular use for

an aeronautical purpose.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.056. RECORD OF GRANT OR GIFT. The department shall

maintain in its office a record of money, property, or a grant

given to the department under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.057. USE OF GRANT OR GIFT ACCORDING TO TERMS. The

department shall use money, property, or a grant given to the

department under this chapter according to the terms of the grant

or gift.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.058. EXPENDITURE OF GRANTS OR GIFTS OF MONEY. The

department may not spend a grant or money given to the department

unless the expenditure is authorized by order of the commission.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.059. GIFTS OF LAND. To develop aeronautics for the

common good and safety of the residents of the state or to

provide for catastrophe, disaster, or state or national

emergency, the state or department may accept from any person a

gift of any interest in real property that:

(1) may be used as a navigational aid;

(2) is on or adjacent to an airport or airstrip; or

(3) may be used as an airport or airstrip.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.060. JURISDICTION, ADMINISTRATION, AND LEASING OF LAND,

NAVIGATIONAL AIDS, OR FACILITIES. (a) The department has

jurisdiction over and shall administer land given to the

department.

(b) The department may:

(1) exercise jurisdiction over and administer navigational aids

or facilities given to the state or to the department; and

(2) lease land, navigational aids, or facilities given to the

state or to the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.061. FUNDING CONSTRUCTION OF FACILITIES AND

IMPROVEMENTS. (a) The department may construct on land given to

the department an improvement, facility, or navigational aid that

the department determines is necessary or advisable.

(b) Money in the aeronautics fund may be used for a purpose

described by Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.062. LEASE OF LAND OR IMPROVEMENT. (a) The department

may lease land given to the department or an improvement on the

land to any person if the department finds after investigation

that:

(1) the lease is desirable or essential:

(A) to develop aeronautics for the common good and safety of the

residents of this state; or

(B) to provide for catastrophe, disaster, or state or national

emergency;

(2) the lessee is financially responsible; and

(3) the amount of periodic rental payments is at least equal to

the amount that the department has spent for improvements on the

land, amortized over the term of the lease.

(b) The department shall produce and maintain in the

department's office a written statement of the findings required

by Subsection (a).

(c) The department shall submit a lease entered into by the

department to the attorney general for approval as to form before

the lease becomes effective.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.063. TERMS OF LEASE OF LAND OR IMPROVEMENT. (a) A

lease of land given to the department or a lease of an

improvement on the land must provide that:

(1) the lessee shall maintain, in accordance with the standards

the department prescribes, the land, premises, and improvements

the department placed on the land;

(2) if the lease or a rule or order of the department that

pertains to the lease is violated:

(A) the lease terminates immediately; and

(B) the lessee shall surrender the premises to the department

without liability and without court action; and

(3) in time of national or state disaster, emergency, or

catastrophe, the department may use, for the department or

others, the land, premises, or improvements the department placed

on the land as the governor or the department determines, without

liability or cost.

(b) The term of a lease of land given to the department or the

lease of an improvement on the land may not exceed 20 years.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.064. REPORTS AND INFORMATION. (a) The department may

report to an appropriate agency of another state or of the United

States that a proceeding has been instituted that charges a

violation of this chapter or of a federal statute.

(b) The department on its own initiative or by request may issue

to a state or municipal officer authorized by the department or

by the United States to enforce a law relating to aeronautics a

report about:

(1) a proceeding instituted that charges a violation of this

chapter or of a federal statute;

(2) penalties; or

(3) other information.

(c) The department may receive a report of penalties or other

information from an agency of another state or of the United

States.

(d) The department may enter into a necessary agreement with the

United States or an agency of another state governing the

delivery, receipt, exchange, or use of a report or other

information.

(e) The department shall submit an agreement entered into by the

department under Subsection (d) to the attorney general for

approval as to form.

(f) A report issued by the department is not evidence of a

violation and may not be received as evidence by a court.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.065. AERONAUTICAL EDUCATION PROGRAMS AND FLIGHT CLINICS.

(a) The department may:

(1) organize and administer an aeronautical education program in

colleges and schools of this state and for the public; and

(2) prepare and conduct one or more flight clinics for air

crews.

(b) The department may charge for conducting a program or clinic

under Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.066. AERONAUTICAL PUBLICATIONS. (a) The department may

issue aeronautical publications as required in the public

interest.

(b) The department shall charge a fee sufficient to recover the

cost of preparing and distributing a department publication that

does not clearly promote public safety.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.067. TEXAS AIRPORT DIRECTORY. (a) The department may:

(1) issue the Texas Airport Directory;

(2) sell advertising in the directory; and

(3) advertise the sale of the directory in other publications.

(b) The department shall charge not less than $5 for the Texas

Airport Directory.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.068. ENGINEERING AND TECHNICAL SERVICES. (a) The

department may provide engineering or technical services to any

person in connection with aeronautical activities, including the

planning, acquisition, construction, improvement, maintenance, or

operation of an airport, air navigation facility, or other

aeronautical activity, if providing the services is:

(1) reasonably possible; and

(2) in the interest of public safety and welfare.

(b) The department may charge for a service under this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.069. STATE AIRPORT IN CENTRAL TEXAS. (a) The

department, in consultation with the State Aircraft Pooling

Board, shall establish a state airport in Central Texas that is

open to the general public.

(b) In determining an appropriate location for the airport, the

department shall consider:

(1) the convenience, comfort, and accommodation of air traffic

flying into and departing from the Central Texas region,

including persons traveling for business and commercial reasons,

government officials, and tourists; and

(2) the safe operation of aircraft flying into and departing

from the Central Texas region.

(c) In determining an appropriate location for the airport, the

department may not consider:

(1) any property in a municipality without the approval of the

governing body of the municipality;

(2) any property outside of a municipality without the approval

of the commissioners court of the county in which the property is

located; or

(3) the property in Austin, Texas, identified as Robert Mueller

Airport.

(d) The commission may acquire by the exercise of eminent domain

property that the commission considers necessary to enable the

department to meet its responsibilities under this section.

(e) The department may utilize only federal matching funds,

federal grants, in-kind contributions, private sector funds,

nonprofit grants, and local government funding for the

establishment of this facility.

(f) The department shall have all the powers necessary or

appropriate to implement this section, including all the powers

granted to a local government under Chapters 22, 23, and 25.

(g) Upon completion of the construction of the airport, the

department shall contract with a private entity or a county or

municipality for the long-term management, operation, and

maintenance of the facility. Such contract shall comply with all

applicable Federal Aviation Agency regulations relating to the

management, operation, and maintenance of an airport.

Added by Acts 2001, 77th Leg., ch. 1118, Sec. 1, eff. Sept. 1,

2001.

Sec. 21.070. MARKING OF WIRELESS COMMUNICATION FACILITY. (a)

In this section:

(1) "Cultivated field" means any open space or pasture larger

than five acres in which a plant or tree nursery is located or an

agricultural crop, including cotton, corn, grain, grapes, beets,

peanuts, and rice, but not including grass grown for hay, is

grown on a continuing basis.

(2) "Wireless communication facility" has the meaning assigned

by Section 25.001.

(b) Absence of plants, seedlings, or a crop on a temporary basis

due to crop rotation or other farm management techniques does not

remove an open area from the definition of "cultivated field."

(c) This section applies only to an antenna structure that is

used to provide commercial wireless communications services and

that is located in a cultivated field or within 100 feet of a

cultivated field.

(d) A person who proposes to construct a wireless communication

facility that is at least 100 feet but not more than 200 feet in

height above ground level shall mark the highest guy wires on the

facility, if any, with two warning spheres each.

Added by Acts 2003, 78th Leg., ch. 1222, Sec. 3, eff. June 20,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.38, eff. April 1, 2009.

SUBCHAPTER C. AVIATION FACILITIES DEVELOPMENT AND FINANCIAL

ASSISTANCE

Sec. 21.101. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND REPAIR OF

AVIATION FACILITIES. (a) The department may loan or grant money

to a state agency with a governing board authorized to operate an

airport or to a governmental entity in this state to establish,

construct, reconstruct, enlarge, or repair an airport, airstrip,

or air navigational facility if:

(1) the money has been appropriated to the department for that

purpose; and

(2) providing the money will:

(A) best serve the public interest; and

(B) best discharge the governmental aeronautics function of the

state or its political subdivisions.

(b) A loan or grant under this subchapter must be made under a

contract.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.102. LOAN PREFERRED. The department shall:

(1) make a loan instead of a grant whenever feasible under this

subchapter; and

(2) carefully consider making a loan instead of a grant for an

improvement that produces revenue.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.103. COMMISSION VOTE REQUIRED FOR GRANT OR LOAN. Under

this subchapter, the commission may not make:

(1) a grant unless two-thirds of the entire commission votes in

favor of the grant; or

(2) a loan unless a majority of the entire commission votes in

favor of the loan.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.104. REVOLVING LOAN FUND. The department shall:

(1) place the principal and interest derived from a loan in a

revolving loan fund; and

(2) administer the fund for future loans and their

administration.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.105. REQUIREMENTS FOR LOAN OR GRANT. (a) The

commission may not approve a loan that bears interest of less

than three percent annually or that has a term that exceeds 20

years.

(b) Before approving a loan or grant, the commission shall

require that:

(1) the airport or facility remain in the control of each

political subdivision involved for at least 20 years;

(2) the political subdivision disclose the source of all funds

for the project and the political subdivision's ability to

finance and operate the project;

(3) at least 10 percent of the total project cost be provided by

sources other than the state; and

(4) the project be adequately planned.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.106. PRIORITIES FOR FINANCIAL ASSISTANCE. The

commission, with the advice of the aviation advisory committee,

shall establish and maintain a method for determining priorities

among locations and projects eligible to receive state financial

assistance for aviation facility development.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.107. AVIATION FACILITIES DEVELOPMENT PROGRAM. (a) The

commission, with the advice of the aviation advisory committee,

through the preparation and adoption of an aviation facilities

development program, shall provide for a statewide airport system

to serve the state's air transportation needs for the least

practicable cost.

(b) The program must identify:

(1) the requirements for aviation facilities;

(2) the location of aviation facilities;

(3) the timing of aviation facilities;

(4) eligibility for funding; and

(5) the investment necessary for the program.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.108. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM.

(a) The commission, with the advice of the aviation advisory

committee, shall prepare a multiyear aviation facilities capital

improvement program.

(b) The aviation facilities capital improvement program must:

(1) include the priorities determined under Section 21.106; and

(2) have an estimated annual cost for the total program that is

approximately equal to the revenue that is forecast to be

available for aviation facilities development during the year.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.109. REVIEW AND REVISION OF AVIATION FACILITIES CAPITAL

IMPROVEMENT PROGRAM. The commission, with the advice of the

aviation advisory committee, shall:

(1) periodically review the capital improvement program to

determine the need to:

(A) revise the system development criteria;

(B) add or delete aviation facility requirements;

(C) revise program priorities; and

(D) add, delete, or revise the scope of projects in the program;

and

(2) revise the program at least annually.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.110. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM;

BUDGET PREPARATION. The department shall consider the aviation

facilities capital improvement program in preparing the

department's biennial budget request to the legislature.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.111. PUBLIC HEARING. (a) The commission or the

commission's authorized representative shall hold a public

hearing before approving any financial assistance under this

subchapter, except as provided by Section 21.1115.

(b) The commission shall give each interested party an

opportunity to be heard at the hearing.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.03(a), eff.

Sept. 1, 1997.

Sec. 21.1115. EMERGENCY LOAN OR GRANT. (a) In an emergency,

the director or the director's designee may award a loan or grant

without holding a public hearing under rules adopted by the

commission.

(b) Before awarding a contract under this section, the director

or the director's designee must certify in writing the fact and

nature of the emergency that requires the award of the contract.

(c) Not later than the fifth working day after the date a

contract is awarded under this section, the director shall notify

in writing each member of the commission of the details of the

emergency and the award.

(d) In this section, "emergency" means a situation or condition

at a general aviation airport that requires immediate attention

because of an existing unsafe condition that should be of

sufficient concern to require a notice to airmen under FAA Order

7930.2E.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.03(b), eff. Sept.

1, 1997.

Sec. 21.112. EXPENDITURE OF AIR FACILITY CONSTRUCTION MONEY BY

STATE GOVERNMENTAL ENTITIES. A governmental entity that receives

money from the department to establish, construct, reconstruct,

enlarge, or repair an airport, airstrip, or air navigational

facility shall spend the money for those purposes and in

conformity with commission rules.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.113. AIRPORT HAZARD ZONING ORDINANCE REQUIRED. The

department may not pay the final 10 percent of its share of

project costs under a grant until the sponsor has enacted an

airport hazard zoning ordinance or order under Chapter 241, Local

Government Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.114. AGENT FOR FEDERAL FUNDS. (a) The department is

the agent of the state and of each political subdivision of the

state for the purpose of applying for, receiving, and disbursing

federal funds for the benefit of a general aviation airport under

federal law, including 49 U.S.C. Sections 2201-2227.

(b) This section does not apply to a reliever airport.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. INVESTIGATION AND ENFORCEMENT

Sec. 21.151. INVESTIGATION, INQUIRY, OR HEARING. (a) The

department may conduct an investigation, inquiry, or hearing

concerning a matter covered by this chapter or a rule or order of

the department.

(b) The hearing shall be open to the public.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.152. CONDUCT OF INVESTIGATION, INQUIRY, OR HEARING. A

member of the commission, the director, or an officer or employee

of the department who has been designated by the commission to

hold an investigation, inquiry, or hearing may:

(1) administer an oath;

(2) certify an official act;

(3) issue a subpoena;

(4) order the attendance and testimony of a witness; or

(5) order the production of a paper, book, or document.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.153. NONCOMPLIANCE WITH SUBPOENA OR ORDER. (a) If a

person fails to comply with a subpoena or order issued under

Section 21.152, the department shall notify the attorney general.

(b) The attorney general may bring suit to enforce the subpoena

or order in the name of the state in a district court of Travis

County.

(c) If the court determines that noncompliance with the subpoena

or order was not justified, the court shall order the person to

comply with the requirements of the subpoena or order.

(d) Failure to obey the order of the court is punishable as

contempt.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.154. CIVIL PENALTY. (a) A person, including an

officer, agent, servant, or employee of a corporation, is liable

for a civil penalty if the person:

(1) violates this chapter;

(2) violates an order, decision, rule, direction, demand, or

requirement of the department adopted under this chapter; or

(3) procures or aids a violation of this chapter.

(b) A penalty under this section may not exceed $100 a day for

each day of the violation.

(c) The attorney general or the county or district attorney in

the county in which the violation occurs shall institute and

conduct a suit for the penalty:

(1) in the county in which the violation occurs; and

(2) in the name of the state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.155. INJUNCTIVE RELIEF. (a) A district court of a

county in which a violation of this chapter or a rule, order, or

decree of the department under this chapter has occurred may

restrain and enjoin the person who committed the violation from

committing a further violation.

(b) The court may grant injunctive relief:

(1) in a suit for a civil penalty brought under this chapter; or

(2) on application of the department, the attorney general, a

district or county attorney, or a competing air carrier even if a

suit for a civil penalty has not been brought.

(c) The department, attorney general, or district or county

attorney is not required to post a bond when seeking injunctive

relief under this section.

(d) In this section, "air carrier" means a person who, wholly or

partly in this state, owns, controls, operates, or manages an

aircraft as a common carrier in the transportation of persons or

property for compensation but does not include an air carrier who

operates between a place in this state and a place outside this

state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.156. ENFORCEMENT OF CHAPTER. (a) The department may

enforce this chapter by revoking or suspending a lease or permit.

(b) The department shall notify the attorney general of a

violation of this chapter. The attorney general may bring suit to

enforce this chapter in a district court of the defendant's

county of residence.

(c) The court may enforce this chapter by injunction or other

appropriate legal process.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.157. COOPERATION WITH UNITED STATES IN LAW ENFORCEMENT.

The department shall work with agencies of the United States in

enforcing the statutes, directives, rules, and regulations of the

United States.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.