The executive director may issue Texas pollutant discharge elimination
system (TPDES) permits or other TPDES-related approvals only if he or she
does not receive, and has not during the previous two years received, a significant
portion of income directly or indirectly from permit holders or applicants
for a permit.
(1) For the purposes of this section:
(A) "Significant portion of income" means 10% or more of gross
personal income for a calendar year, except that it means 50% or more of gross
personal income for a calendar year if the recipient is over 60 years of age
and is receiving that portion under retirement pension, or similar arrangement.
(B) "Permit holders or applicants for a permit" does not include
any department or agency of a state government, such as a Department of Parks
or a Department of Fish and Wildlife.
(C) "Income" includes retirement benefits, consultant fees,
and stock dividends.
(2) For purposes of this section, income is not received
"directly or indirectly from permit holders or applicants for a permit" when
it is derived from mutual fund payments, or from other diversified investments
for which the recipient does not know the identity of the primary sources
of income.
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