and marinas. Easements are also granted for roads, transmission lines and pipeline rights-of-way on 
state lands. The General Land Office also has statutory authority to grant leases for public recreation, 
preserves and refuges, and scientific research activities on state-owned lands. 
The application process for each type of permit involves an environmental review procedure and 
a determination of the highest and best use of state resources. This review process is coordinated with 
other state and federal regulatory agencies, and includes the development of contractual conditions 
that will protect natural resources on state lands, or provide for mitigation where environmental 
damage is unavoidable. 
Texas Department of Health 
The Texas Department of Health (TDH) administers the Molluscan Shellfish Sanitation Program 
and the Municipal Solid Waste Program. 
The TDH's Division of Shellfish Sanitation Control is responsible for classifying coastal waters 
according to their acceptability for harvesting molluscan shellfish. As a result of shoreline sanitary 
surveys, portions of estuaries may be closed because of the actual or potential presence of contami¬ 
nants. These areas are classified as "polluted" by the TDH and harvest of shellfish from them is not 
allowed. The department also regulates molluscan shellfish processing plants. Construction or 
modification of these plants require departmental certification. 
The TDH issues permits for municipal solid waste disposal on the basis of performance standards 
contained in its rules. State law allows counties to exercise permitting authority over municipal solid 
waste disposal if they conform to Department requirements. As of this date, however, no counties 
has assumed permitting authority over municipal solid waste facilities. Where municipal and 
industrial wastes become mixed as part of normal collection processes, the TDH has jurisdiction over 
that mixed waste. An exception to this jurisdiction is Class 1 industrial waste, which must be disposed 
of in a facility approved by the Texas Water Commission. The Texas Water Commission also has 
jurisdiction over industrial solid waste. 
Texas Parks and Wildlife Department 
The Texas Parks and Wildlife Department (TPWD) manages fish and wildlife resources of the 
state by the licensing of hunting and sport fishing activities, and manages numerous programs to 
protect or manage fisheries resources and wetlands. The Department also plays an active role in other 
state and federal permit activities by reviewing and commenting on permits issued by other state and 
federal agencies. 
The TPWD has significant legislative responsibility for wetland protection, is the state agency 
designated to comment on federal 404 permits, and is the state's coordinating agency for federal 
water development projects and permits. 
The TPWD also regulates removal and/or disturbance of sand, shell or marl in state-owned 
waters, operates and manages an extensive system of state parks and state wildlife refuges, and 
administers the Texas Natural Heritage Program created in 1983 to collect and make available data 
on sensitive and unique natural flora, fauna and habitats within the state. 
Texas Railroad Commission 
The Texas Railroad Commission (TRRC) was originally created to regulate railroads, but now 
exercises permitting authority in many areas, including surface transportation, surface mining and 
restoration, and oil and gas production and transport. 
Activities of the TRRC, which are of particular importance in submerged areas, include the 
regulation of brine discharges from oil and gas operations, enforcement of well casing and cementing 
requirements, regulation of well abandonment procedures, and governance of oil and gas activity 
reporting procedures. These activities are designed to minimize pollution in submerged areas. 
Texas Water Development Board 
The Texas Water Development Board (TWDB) is responsible for preparation of a State Water Plan 
and administers various funds that support reservoir construction and flood control projects. This 
plan evaluates downstream impacts of watershed alterations, impoundments and other modifica¬ 
tions to Texas rivers and streams. State-funded reservoir construction and flood control projects 
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