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RULE §70.202Applicability

(a) As required under Texas Water Code, §7.203, a written request for review of an alleged criminal environmental violation shall be submitted to the executive director prior to referring to a prosecuting attorney for criminal prosecution if all the following criteria are met:

  (1) the individual submitting the request is a peace officer, as that term is defined in Texas Water Code, §7.193 or Texas Code of Criminal Procedure, Chapter 2;

  (2) the alleged criminal offense is a violation of the Texas Water Code or the Texas Health and Safety Code;

  (3) the person alleged to have committed the criminal violation is the holder of a permit issued by the commission or executive director or an employee of a person holding such a permit; and

  (4) the alleged criminal violation is related to the activity for which the permit was issued.

(b) A written request for review is not required to be submitted to the executive director under Texas Water Code, §7.203, if the alleged violation constitutes imminent danger of death or bodily injury under an endangerment offense specified in Texas Water Code, §7.252.

(c) This subchapter does not apply to:

  (1) enforcement by a local government of statutory provisions within the jurisdiction of the local government, and not within the jurisdiction of the commission, or to enforcement of the local government's own codes, ordinances, rules, orders, permits, or other decisions; and

  (2) Class C misdemeanors that are initiated by a peace officer filing a complaint or citation with an appropriate court without first referring the case to a prosecuting attorney.

Source Note: The provisions of this §70.202 adopted to be effective August 4, 2004, 29 TexReg 7442

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