Terms Used In Texas Finance Code Chapter 342 > Subchapter M - Deferred Presentment Transactions

• Account: means the Texas spill response account. See Texas Water Code 26.263
• Agricultural waste: means waterborne liquid, gaseous, or solid substances that arise from the agricultural industry and agricultural activities, including without limitation agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals, and processing facilities for agricultural products. See Texas Water Code 26.001
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the Texas Water Development Board. See Texas Water Code 26.001
• Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Discharge or spill: means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state. See Texas Water Code 26.263
• Disposal system: means any system for disposing of waste, including sewer systems and treatment facilities. See Texas Water Code 26.001
• Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executive director: means the executive director of the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
• Hazardous substance: means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U. See Texas Water Code 26.263
• in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Industrial waste: means waterborne liquid, gaseous, or solid substances that result from any process of industry, manufacturing, trade, or business. See Texas Water Code 26.001
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Local government: means an incorporated city, a county, a river authority, or a water district or authority acting under Article III, § 52, or Article XVI, § 59 of the Texas Constitution. See Texas Water Code 26.001
• Month: means a calendar month. See Texas Government Code 312.011
• Municipal waste: means waterborne liquid, gaseous, or solid substances that result from any discharge from a publicly owned sewer system, treatment facility, or disposal system. See Texas Water Code 26.001
• NPDES: means the National Pollutant Discharge Elimination System under which the Administrator of the United States Environmental Protection Agency can delegate permitting authority to the State of Texas in accordance with Section 402(b) of the Federal Water Pollution Control Act. See Texas Water Code 26.001
• Other waste: means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, salt water, or any other substance, other than sewage, industrial waste, municipal waste, recreational waste, or agricultural waste. See Texas Water Code 26.001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means an order issued by the commission in accordance with the procedures prescribed in this chapter establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. See Texas Water Code 26.001
• Person: means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. See Texas Water Code 26.001
• Person: includes an individual, firm, corporation, association, and partnership. See Texas Water Code 26.263
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Point source: means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants or wastes are or may be discharged into or adjacent to any water in the state. See Texas Water Code 26.001
• Pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any water in the state. See Texas Water Code 26.001
• Pollution: means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. See Texas Water Code 26.001
• Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
• Property: means real and personal property. See Texas Government Code 311.005
• Recreational waste: means waterborne liquid, gaseous, or solid substances that emanate from any public or private park, beach, or recreational area. See Texas Water Code 26.001
• responsible person: means :
  (A) the owner, operator, or demise charterer of a vessel from which a spill emanates;
  (B) the owner or operator of a facility from which a spill emanates;
  (C) any other person who causes, suffers, allows, or permits a spill or discharge. See Texas Water Code 26.263
• Rule: includes regulation. See Texas Government Code 311.005
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage: means waterborne human waste and waste from domestic activities, such as washing, bathing, and food preparation. See Texas Water Code 26.001
• Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
• Treatment works: means any devices and systems used in the storage, treatment, recycling, and reclamation of waste to implement this chapter or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including:
  (A) intercepting sewers, outfall sewers, pumping, power, and other equipment and their appurtenances;
  (B) extensions, improvements, remodeling, additions, and alterations of the items in Paragraph (A) of this subdivision;
  (C) elements essential to provide a reliable recycled supply such as standby treatment units and clear-well facilities;
  (D) any works, including sites and acquisition of the land that will be a part of or used in connection with the treatment process or is used for ultimate disposal of residues resulting from such treatment;
  (E) any plant, disposal field, lagoon, canal, incinerator, area devoted to sanitary landfills, or other facilities installed for the purpose of treating, neutralizing, or stabilizing waste; and
  (F) facilities to provide for the collection, control, and disposal of waste heat. See Texas Water Code 26.001
• United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
• water in the state: means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. See Texas Water Code 26.001
• Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
• Year: means 12 consecutive months. See Texas Government Code 311.005