Texas Natural Resource Conservation Commission:

An Inventory of Records at the Texas State Archives, 1990-2001

Agency History

Conservation and regulation of the state's water resources began early in the 20th century; regulation of air quality began in the early 1950s. In 1913, the Irrigation Act was passed by the 33rd Legislature (House Bill 37, Regular Session). It created the Texas Board of Water Engineers to establish and implement procedures for determining surface water rights. In 1917 a constitutional amendment to Article 16 authorized the creation of conservation and reclamation districts as needed. Freshwater supply districts were authorized by the 36th Legislature in 1919 (Senate Bill 19, 2nd Called Session) and the first river authority, the Brazos River Authority, was created in 1929 (House Bill 197, 41st Legislature, 2nd Called Session). A law governing the organization and operation of water improvement districts was passed in 1933 by the 43rd Legislature (House Bill 413, Regular Session). Underground water conservation districts were created in 1949 (House Bill 162, 51st Legislature, Regular Session). This legislation also declared groundwater (underground water) private property and authorized the State Board of Water Engineers to designate underground reservoirs and subdivisions thereto.

The Texas Department of Health initially had some regulatory power over water issues and it performed initial air quality studies for the state. Legislation was passed by the 49th Legislature in 1945 authorizing the Texas Department of Health to enforce drinking water standards for public water supply systems (Senate Bill 81, Regular Session), as part of an overall public health legislative initiative. In 1952 the Department of Health conducted the first air study in Texas and began an air sampling program in 1956.

Additional water conservation measures were enacted in 1957. The 55th Legislature created the Texas Water Development Board to forecast water supply needs and provide funding for water supply and conservation projects (House Bill 161, Regular Session). A water well drillers advisory group, the Water Well Drillers Board, was created in 1961 (House Bill 409, 57th Legislature, Regular Session). And, in 1962 the Texas Board of Water Engineers became the Texas Water Commission, with additional responsibilities for water conservation and pollution control (House Bill 12, 57th Legislature, 3rd Called Session).

Pollution and water control measures continued in 1961. The Texas Pollution Control Act was passed, which established the Texas State Water Pollution Control Board and eliminated the Water Pollution Advisory Council, creating the state's first true pollution control agency (House Bill 24, 57th Legislature, 1st Called Session). In 1965 the Texas Clean Air Act created the Texas Air Control Board, in the Department of Health, to monitor and regulate air pollution in the state (House Bill 362, 59th Legislature, Regular Session). Also in 1965, the Texas Water Commission became the Texas Water Rights Commission (Senate Bill 145, 59th Legislature, Regular Session) and functions not related to water rights were transferred to the Texas Water Development Board. And, the Water Well Drillers Act was passed in 1965 establishing the Water Well Drillers Board (House Bill 77, 59th Legislature, Regular Session). In 1967 the Texas Water Quality Act established the Texas Water Quality Board (Senate Bill 204, 60th Legislature, Regular Session). In 1973 the 63rd Legislature removed the Texas Air Control Board from the Department of Health, making it an independent state agency (House Bill 739, 63rd Legislature, Regular Session).

The 65th Legislature passed legislation in 1977 that made a number of changes in the state's water agencies. The Texas Department of Water Resources (TDWR) was created by combining the three existing water agencies in an effort to consolidate the state's water programs (the Texas Water Rights Commission, the Texas Water Quality Board, and the Texas Water Development Board) (Senate Bill 1139, Regular Session). A six-member board, the Texas Water Development Board, was set up as a policymaking body for the new agency. The Water Rights Commission was renamed the Texas Water Commission and sat as a quasi-judicial body that ruled on permits. The Texas Water Quality Board was abolished.

In 1985 the 69th Legislature dissolved the Texas Department of Water Resources (Senate Bill 249, Regular Session). It transferred regulatory enforcement to the recreated Texas Water Commission, and planning and financial responsibilities to the recreated Texas Water Development Board.

In 1991, the 72nd Legislature passed Senate Bill 2, 1st Called Session in an effort to consolidate the state's regulatory programs for air, water and waste. This began a two-year process of consolidation, culminating with the creation of the Texas Natural Resource Conservation Commission in 1993. In accordance with Senate Bill 2, sections of the Texas Department of Health dealing with solid waste, drinking water protection, and wastewater treatment were transferred to the Texas Water Commission (TWC) by March 1, 1992. On September 1, 1992, the Texas Water Well Drillers Board and the Texas Board of Irrigators were abolished and those functions transferred to the TWC. On September 1, 1993, the Texas Air Control Board and the Texas Water Commission were abolished and those functions were consolidated to form the Texas Natural Resource Conservation Commission. The Texas Water Commission became the core of the TNRCC and the TWC's three full-time commissioners automatically became the commissioners of the TNRCC. In 1997 the 75th Legislature transferred the regulation of water well drillers from the TNRCC to the Texas Department of Licensing and Regulation (Senate Bill 1955, Regular Session). And, in 1999 the Texas Low-Level Radioactive Waste Disposal Authority was abolished and its functions transferred to the TNRCC (House Bill 1172, 76th Legislature, Regular Session). Legislation in 2001 authorized a name change for the TNRCC. Effective September 1, 2002, it became the Texas Commission on Environmental Quality (TCEQ).

The TCEQ is governed by a three-member commission, appointed by the governor with the advice and consent of the Senate for overlapping six-year terms. Members may not serve more than two terms and conflict of interest restrictions apply. Commission members hold full-time salaried positions and the governor designates the chair. The commissioners establish overall agency direction and policy and make final determinations on contested permitting and enforcement matters.

The primary goals of the TCEQ are to protect public health and safety and the environment by reducing the release of pollutants and contaminants, regulating the management and disposal of waste, and expediting the cleanup of contaminated sites. The agency also manages the state's water resources by enforcing compliance with state and federal clean air and water laws.

The agency is divided into six major 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. The TCEQ has approximately 3,000 employees, 16 regional offices, and a $511.5 million annual appropriated budget for the 2002 fiscal year.

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Scope and Contents of the Records

The records are marked agenda of the Texas Water Commission (TWC) and the Texas Natural Resource Conservation Commission (TNRCC) meetings, minutes of working sessions of the commissioners, speeches and papers of the TNRCC's General Counsel, press releases, newsletters, and notices of conferences, seminars, and workshops conducted by the TNRCC. Dates covered are 1990-2001. Marked agenda give a summary of action taken on agenda items presented at TWC/ TNRCC meetings. Minutes summarize actions taken at work sessions of the commissioners. Speeches and papers of the General Counsel document presentations made at seminars and conferences and speeches given to groups such as law schools or Rotary clubs. Press releases provide information about new programs, program changes, appointments, and upcoming events, such as a clean air day or a river cleanup day, or an environmental trade fair. The newsletters report on various programs run by TNRCC. The notices are mailers sent out to agencies or other persons about upcoming TNRCC conferences, seminars, or workshops. Topics in these records cover a wide range of the TNRCC programs, including pollution prevention, air quality control, hazardous waste, recycling, floodplain management, petroleum storage, ground water protection, water quality, water rights, and administrative law as it relates to TNRCC programs.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Records, Texas Natural Resource Conservation Commission. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 2002/006, 2002/119, 2002/157, 2002/211, and 2003/014

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Office of the General Counsel, Texas Natural Resource Conservation Commission on September 7, 2001 and July 30, 2002; by the Office of the Chief Clerk, Texas Natural Resource Conservation Commission on April 3, 2002; and by the Texas Natural Resource Conservation Commission via the Legislative Reference Library on August 27 and September 24, 2002.

Processing Information

Laura K. Saegert, September 2001, September 2002

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Detailed Description of the Records

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