Texas Commission on Environmental Quality

The Texas Commission on Environmental Quality continues efforts begun by the state in the early twentieth century to regulate the environment with respect to air and water quality, waste management, and natural resource conservation, and to comply with federal environmental policies.

The Texas Board of Water Engineers was established in 1913 (Irrigation Act, House Bill 37, 33rd Texas Legislature, Regular Session) to approve plans for determining surface water rights. In 1917, the Texas Legislature authorized the creation of water districts to manage water resources and determine surface water rights (amendment to Article 16 of the Texas Constitution). In 1949 the State Board of Water Examiners was created to designate underground reservoirs which would be managed by underground water districts (House Bill 162, 51st Legislature, Regular Session).

In 1945, the Texas Department of Health was granted regulatory power to enforce water quality standards for public water supplies (Senate Bill 81, 49th Legislature, Regular Session). In 1952, the Department of Health also began monitoring air quality in the state.

The Texas Water Development Board was created in 1957 to forecast water needs and to distribute funding for water supply projects (House Bill 161, 55th Legislature, Regular Session). The Water Well Drillers Board was established in 1961 as a result of a statute that required water well drillers to register with the Board of Water Engineers (House Bill 409, 57th Legislature, Regular Session).

In 1962, the Board of Water Engineers was given some responsibility for water conservation and pollution control and was renamed the Texas Water Commission (House Bill 12, 57th Legislature, 3rd Called Session). The TWC was known as the Texas Water Rights Commission from 1965 until 1977, when its name was changed back to the Texas Water Commission. The Commission had three governor-appointed members who served overlapping six-year terms. Commissioners were paid a salary and were limited to serving two terms.

In 1977, the state’s water-related agencies were combined to create the Texas Department of Water Resources. The Texas Water Development Board set policy while the Texas Water Commission made rulings on permits (Senate Bill 1139, 65th Legislature, Regular Session). When the Department of Water Resources was abolished in 1985, the Texas Water Commission became responsible for the department’s regulatory duties. Other responsibilities were passed to the Water Development Board.

In 1991, the Legislature passed Senate Bill 2 (72nd Legislature, 1st Called Session), which began consolidating environmental regulatory agencies. Accordingly, in 1992, the Texas Water Commission absorbed the functions of the Texas Water Well Drillers Board and the Texas Board of Irrigators, and assumed solid waste, drinking water protection, and wastewater treatment responsibilities from the Texas Department of Health. In 1993, the TWC and Texas Air Control Board were combined to create the Texas Natural Resource Conservation Commission. The TWC formed the core of the new commission and the TWC commissioners were retained by the TNRCC.

In 2002, according to recommendations by the Texas Sunset Commission, the Texas Natural Resource Conservation Commission became the Texas Commission on Environmental Quality. TCEQ retains the same structure as the Texas Water Commission, with three governor-appointed commissioners serving a maximum of two six-year overlapping terms. The governor chooses the Commission’s chair.

The TCEQ ensures compliance with federal and state laws concerning water and air quality, and manages waste disposal, water resources, and cleanup of contaminated sites. It has approximately 3,000 employees, 16 regional offices, and a $466 million operating budget for the 2011 fiscal year.

The TCEQ has six offices: the Office of Administrative Services; the Office of Compliance and Enforcement; the Office of the Executive Director; the Office of Legal Services; the Office of Permitting, Remediation and Registration; and the Office of Environmental Policy, Analysis, and Assessment.

(Sources include: the agency website ( http://www.tceq.texas.gov/about/tceqhistory.html ), accessed March 2011; The Texas State Historical Association Handbook of Texas Online ( http://www.tshaonline.org/handbook/online/articles/mdtnf and http://www.tshaonline.org/handbook/online/articles/mdbks ), accessed March 2011; and Texas Natural Resource Conservation Commission: An Inventory of Records at the Texas State Archives, 1990-2001 ( http://www.lib.utexas.edu/taro/tslac/20076/tsl-20076.html ), accessed March 2011.)