Texas Water Code 5.176 – Complaint File
(a) The commission shall maintain a file on each written complaint filed with the commission about a matter within the commission’s regulatory jurisdiction. The file must include:
(1) the name of the person who filed the complaint, unless the person has specifically requested anonymity;
(2) the date the complaint is received by the commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint.
(b) The commission shall establish and implement procedures for receiving complaints submitted by means of the Internet and orally and shall maintain files on those complaints as provided by Subsection (a).
Terms Used In Texas Water Code 5.176
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The commission is not required to investigate a complaint:
(1) that may be addressed during other commission activities; or
(2) that was filed by an individual when there is not a reasonable probability that the commission can substantiate the complaint and:
(A) the complaint is repetitious or redundant of other complaints concerning the same site investigated in the preceding 12 months that were not substantiated by the commission; or
(B) the complainant has filed in the preceding seven years at least five complaints that were not substantiated by the commission.