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Mission Statement

Cloudbuster Attacks On Planet Earth

Cloudbusting is a menace to the environment. Despite some claims to the contrary, cloudbusting is not a solution to environmental problems; it is a problem in itself, a destructive technology requiring a condemnatory response by the environmental movement.

Cloudbusting is not something new; it is already so comonplace as to be intolerable and an environmental movement to control this currently unregulated technology is needed to protect the public.

All over the world people are getting worried about what is happening to the climate. Each year, it seems, there are more and more extreme weather events of increasing severity and frequency. Records are being broken more often than ever before in recorded history. It is clear the climate of the entire world is becoming destabilized, less reliable, more random and chaotic, with droughts, floods, heat waves, and severe cold spells becoming the norm.

While there are several factors involved in this climatic breakdown, one seldom recognized major factor in this climate destabilization is the existence of a technological means to interfere with the natural movement of the atmosphere on a large scale. This device, called a cloudbuster, is simple and cheap enough to construct that in recent years hundreds of individuals all over the world, learning about it from instructions promiscuously posted on irresponsible websites, have taken it up as a backyard hobby.

Many of these individuals tend to be paranoid and delusional, and are using the cloudbuster as a sort of prop in a role-playing game, often imagining themselves to be fighting off hostile UFOs, resisting a secret government plot of some kind, or changing "bad" atmospheric energy into "good".

Many others claim they are "ending droughts", "making rain", or "doing research". They seem oblivious to the fact that the droughts they think they are ending resume as soon as they stop operating because the underlying cause of the drought has not been adressed. They fail to understand that the goal of proper cloudbusting is not to make rain, but to restore normal pulsation of the atmospheric energy so that, among other effects, rain will occur spontaneously as needed.

They ignore the rights of the people affected to be told what is being done to their environment and to have some say in the matter, and that subjecting people to a research program who have not given their informed consent is a human rights violation.

Some think they are "greening deserts", while in reality, they are subjecting the fragile dryland ecosystem to unusual stress from excessive rainfall in areas where all native life-forms are well-adapted to the prevailing conditions.

They usually have no idea of the scientific basis upon which the cloudbuster works, or fantasize, without evidence, that some wildly speculative theory of their own concoction is the better theory. Frequently they have little idea of what a cloudbuster is capable of, many of them, for example, thinking it only affects their local area.

As a result of these incompetent interventions in atmospheric dynamics, countless innocent victims have died and the environment has been seriously disturbed in numerous weather-related catastrophes.

Due to their paranoia they do not often communicate what they are doing to others working in the same field. Many of them, in fact, think they are the only ones doing anything with what they think is a somehow suppressed and secret invention. Many others are so arrogant they think nobody except themselves and their associates is able to conduct cloudbusting operations safely and properly, so they refuse to co-operate with those they deem "unqualified".

While there is certainly nothing secret or suppressed about the cloudbuster, it is regarded as crackpot by many of the scientific community, in large part because of the absurd fictions and folklore with which it has become surrounded. The fantastic legends of its' inventor, Wilhelm Reich, having been the victim of official persecution, or of some alleged conspiratorial plot, or having fought wars with beings from outer space, or having had meetings with Einstein, serve to distract attention from the serious issue of the menace of the cloudbuster he invented.

This large body of folklore functions to hide the reality of the cloudbuster as an effective, science-based tool and disguise it as a crackpot fantasy. It is perfectly right, in fact, the only rational response of anyone with even the slightest scientific education, to dismiss such a device as incapable of having any effect on the weather when it is presented wrapped in such packaging.

The failure to recognize the imput into the total atmospheric picture of this proliferation of crackpots playing around with cloudbusters means the scientists trying to understand the weather are misled into ignoring that a large portion of unusual weather events are being caused by this unsuspected form of technological intervention and instead think the climate changes now underway are being caused by some other factor, such as greenhouse effect from combustion products released into the atmosphere.

Any theory of what is happening with the weather and climate on this planet must take the social phenomena of a mass movement of cloudbuster hobbyists into account. And the environmental movement must mount an effective effort to counter this form of blatant interference with the atmosphere.

If and when cloudbusting is ever recognized by the scientific community as a science-based reality rather than a prop in a fantasy role-playing game, then it can be expected that official agencies will take over the job of protecting the public from improper use of the cloudbuster. But until then, it is up to concerned environmentalists to fill that role. Otherwise, until cloudbusting can be regulated, countless innocent victims will continue to die each year from cloudbuster-murder by crackpot Reichians.

And greenhouse gases from combustion will take the rap. The world is now facing serious economic problems at least partially caused by the mistaken belief that the atmospheric disorder caused by cloudbusting is due to a greenhouse effect instead, and numerous laws are in the process of being passed taxing or restricting fuel-burning activities in an effort to prevent weather disasters that are really being caused by cloudbusting and could only be prevented by restricting the use of cloudbusters.

Until effective regulation is in place, however, the few responsible people who are aware of the threat posed by cloudbusters must be ready and willing to take whatever action is needed to stop the use of cloudbusters in their home areas. Direct intervention by concerned citizens is often the only way to prevent serious harm to the earth and to the public, and this is one of those cases.

**************************************************************************************************

In recent years, as the internet has made it possible for anyone with a
computer to spread the word about anything they please, irresponsible
instructions for building cloudbusters have mushroomed and
cloudbusting is now second only to nuclear power as the worst environmental
threat.

Cloudbuster proliferation has become a major environmental problem.

The cloudbuster is a very simple, easy to construct device that can be used to help restore a sick, damaged atmosphere to normal self-regulatory functioning.

This re-establishment of natural self-regulation to the atmosphere when it has become damaged and stagnated is the goal of any properly-done cloudbusting project.

Unfortunately, many people fail to grasp this point. Anyone who uses terms like "weather engineering", "etheric engineering", "weather control", "rainmaking", and the like, does not understand this important factor in cloudbusting.

It is an unfortunate side-effect of cloudbusting that it can be misused to cause rain and can have other direct effects on the weather.


In recent years many environmentalists have expressed concern that the details of how to construct a cloudbuster are too easily available on the internet. There is a growing Orgonomic Ecology Movement that is concerned about unwanted consequences of cloudbuster interference in the weather and seeks to prevent cloudbuster proliferation and combat those individuals guilty of hubris who wish to intervene in the weather by this means.



The Orgonomic Ecology group exists to explore ways and means to stop the proliferation of cloudbusters and expose to public outrage the power-drunkards and control-freaks who are attacking our atmosphere with cloudbusters, however they may rationalize their destructiveness.

We will pull no punches. We will name names and fight back against the propaganda of the atmosphere abusers and their enablers.

We regard Atmosphere Abuse as similar to other, more personal, forms of abuse, such as abuse of children or animals. The psychology of the abuser is the same, and we intend to expose that pathology.

We seek to build an anti-cloudbuster movement that can bring to a halt the rapidly growing hobby of manipulating the weather by control-freaks who are unable to leave the natural world alone.

Please spread the word around about this blog and urge your contacts to read it and to pass it on to their own contacts also.



About Me

I have been very involved in orgonomy since 1967 and have done cloudbusting, oranur work and laboratory experiments with orgone accumulators, medical DOR-busters, and pre-atomic chemistry. I was a student of Dr. Eva Reich, the daughter of Dr. Wilhelm Reich, who invented the cloudbuster, and have a letter from her saying I have learned what she has to teach and she considers me "very knowledgeable in this field".

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Friday, September 30, 2011

THEORY

One correspondent says he has his own theory of how a cloudbuster works. Here is my reply to him:



Dear...................,

I would like to clear up a misconception you have. In your letter, you mentioned that Reich "stumbled upon" the cloudbuster, and you said he "thought up the orgone theory to explain it". Both those statements are untrue.

At the time the cloudbuster was invented, Reich had already been working with orgone energy for 13 years and had discovered many characteristics of it, each of which had been confirmed by several experiments, all of which had then been independently replicated by his co-workers.

He had seen that one of  a pair of rubber gloves hung in direct sunlight for a time would then deflect the leaves of an electroscope while the other, which had been hung in the shade, would not. But when the charged glove was held under water for a few seconds, it lost the charge and would no longer affect the electroscope. This showed that water absorbed orgone energy.

Along with that fact, readings of the charge of an orgone accumulator varied according to humidity showed that orgone concentrations in the atmosphere were affected by water vapor absorbing the orgone charge and preventing the accumulator from charging up. This showed that water attracts and holds orgone energy.

He had also seen that the charge reacted to distant weather events, such as a hurricane far to the south, long before the storm system came close to his location. He had found that he could predict the weather several days in advance just from the charge in his orgone accumulating devices. Changes took place in the orgone tension days before they worked themselves out in observable weather conditions.

He had also built, and several M.D. associates were already using in every-day medical practice, a small orgone accumulator called a "shooter" which had a hollow flexible steel tube inserted into it and a small funnel at the other end. The orgone charge inside the small accumulator was conducted along the hollow tube and the funnel was applied to the site of an injury to speed up healing. So it was known that orgone could be conducted along hollow tubes

So before a cloudbuster had ever been built, all the elements of it were already well-known and tested experimentally. Reich already knew that orgone was attracted by water, that it could be conducted along hollow metalic tubes, and that the orgone concentration in the atmosphere was what determined weather.

Far from accidentally happening to discover cloudbusting by luck, he knew in advance all the important facts that make cloudbusting possible. The value of a theory in science and the test of that theory, is it's ability to PREDICT what will happen when something is done, and in this case, the orgone theory PREDICTED the functioning of the cloudbuster.

The theory was not "thought up" afterwards to "explain" what had been seen. It was developed over years of concrete experiments and the cloudbuster was the result. That the cloudbuster works is proof of the correctness of the theory upon which it is based. If the theory were wrong, the cloudbuster would never have been invented.

So nobody can just come along after the fact and present their own "theory" of how a cloudbuster works. It is already known how a cloudbuster works and no new theory is needed.

That is why I cannot agree with your claim to have come up with an alternative "explanation" for how a cloudbuster functions. To do that, you would first have to come up with explanations for each and every one of the elements of the orgone theory. You would need to explain how orgone energy is attracted to water, how it flows along metal tubes, how the concentration of it in the atmosphere affects weather up to several days afterwards, and at distances up to 1500 miles or more, etc. And you would need to present experimental evidence for each of these new explanations. 

Your explanation for how a cloudbuster could work could only apply if there was no other fact involved in cloudbusting except that a cloudbuster works. It cannot apply in the real world situation in which a cloudbuster works in a context of numerous already known facts, each of which can be independently confirmed.

Until you can incorporate the entire spectrum of demonstrated orgone-physics data into your theory, it will remain unable to explain the phenomenon of cloudbusting.

Joel Carlinsky
( Former orgone biophysics student of Dr. Eva Reich )

Thursday, September 29, 2011

Electrical "Weather Control" Experimenters Are Killing the Atmosphere

The cloudbuster is not really intended to "control the weather". It is a device for HEALING A SICK ATMOSPHERE, restoring mobility and pulsation to an atmosphere that has gotten "stuck" or stagnant as a result of a build-up of DOR, stagnant energy. The cloudbuster, by getting the stagnated area moving and pulsating again, restores the ability of the atmosphere to produce rain at more or less regular intervals.

The cloudbuster can also, by shifting the relative potential of the atmosphere from one part of the sky to another, manipulate the direction of motion of clouds and air masses. It can create clouds in a clear sky. It can break up individual clouds at will. It can drill a hole in an overcast. It can attract and weave together streams of moving energy in the sky to create a circulatory storm system. It can divert a storm system from it's course, steering it away from one area and towards another.

The cloudbuster also has profound effects on the biosphere. All living organisms within a considerable distance of an operating cloudbuster are affected at the very roots of their biological functioning. When a cloudbuster begins to operate, birds start to sing, they fly higher, insects chirp faster, frogs croak louder and more frequently, watchdogs are more alert, grass stands up taller where it had been drooping from dehydration before, and humans feel better, more alive and full of energy. In one experiment conducted by atmospheric physicist Ralph Markson of M. I. T. and the late Harold Saxon Burr at Yale University in New Haven, Connecticut, the voltage measured between two nails driven into a living tree about two meters apart significantly increased whenever a cloudbuster began to operate--at Bennington, Vermont, about 150 miles away.

No electrical device can do what the cloudbuster does. But there are several claims of electrical devices whose inventors and / or their groupies claim can produce rain at will. While much of this, perhaps most of it, is mere wishful thinking and self-deception, there can sometimes be short-term effects that mimic those of the cloudbuster and can fool a person uninformed about cloudbusting into believing they have discovered a method that enables them to make rain at will.

  A mild oranur reaction, such as can be produced by a strong electrical field,  can stimulate the atmosphere into expansion, and if the excitation is continued long enough, the atmosphere will eventually reach it's maximum capacity level and contract sharply. The contraction will often result in rain, at least on a local scale. This is what Trevor Constable often did, though he used a moving orgone field instead of an electrical field as a source of excitation. This is milder than an electrical stimulus, but will usually have the same general type of effect, though to a lesser degree. .

But the atmosphere will get over the contraction and expand again, and if there was a drought going on before, the DOR will still be there and at the next expansion will again become stuck in that phase of the cycle. The drought will resume and the next time rain is needed the operation will have to be repeated. And each time, the atmosphere will be more rigid and stagnant and will have become more accustomed to the stimulus and a more powerful shock will be needed. Eventually it will cease to respond at all and the region will move from drought into permanent desertification.

This vandalism of the atmosphere, preventing recovery and self-regulation, is what authoritarian control-freak personalities like Trevor Constable and his followers or David Wells and his "Weather Rangers" cult call "controlling the weather". They see the rain each time they operate and misunderstand it as meaning the weather is under their control because that is how they think about things in general. They do not see that what they are doing is harming a self-regulating system and will sooner or later lead to killing it so they will be unable to force it to contract and produce rain in the future.

Only a total fool would treat a valuable horse that way. Anyone who rides horses knows better than to try to whip it into running when it is sick. If someone did that, thinking he was "training"the horse to run on command, the horse would indeed run--for a short time. Then it would drop dead. And that is what will happen to the atmosphere if these weather control fanatics keep up what they are doing with their electrical "weather control machines".

Wednesday, September 28, 2011

IN HIS OWN WORDS.....

Jerry Decker has in the past been a responsible individual, and on his Keelynet website he has for some years now had some cautionary messages posted about an article I wrote critical of Dr. James DeMeo for environmentally destructive cloudbusting. So it was something of a shock recently to see his post to his mailing list giving detailed instructions on how to build a cloudbuster to all and sundry, and urging his readers to build cloudbusters to combat the drought now ravaging Texas.

That would be an insanely reckless and irresponsible thing to do since he has no instructions posted on how to properly USE a cloudbuster, and furthermore would have no way of knowing how many people might read and follow his instructions, leading to unco-ordinated operations by an unknown number of persons pointing cloudbusters at randomly chosen directions with no idea at all what results to expect. The chances of some of them interfering with each other and causing a disaster are extremely good. It would be inevitable, in fact.

So I can think of no better criticism of this irresponsible advocacy by Jerry Decker of wildcat cloudbusting operations by untrained individuals than to quote his own words, from his own website.

On his Keelynet website, Jerry Decker wrote:

......"The Cloudbuster article written by Carlinsky was first sent to me by Chuck Henderson on the original KeelyNet BBS. We discussed it and I edited out some of the more insensitive comments which resulted in the edited file that was posted on the BBS. We agreed that Carlinsky had a point and that the article was very on-track by asking people to be considerate and take responsibility for their actions when experimenting with weather engineering which could cause serious damage to the environment and the people who live in the experimental area. From day one, the KeelyNet BBS refrained from posting detailed instructions for weapons or techniques that could be used for mass destruction, including weather modification, on the basis that it would be irresponsible and immoral. Despite numerous emails from various warped individuals accusing us of 'hiding information', we persisted and still have not bowed to the desires of those who are simply too lazy to do the research in open literature which would provide them with the information they seek. Nothing requires us to be party to the distribution of such negative information."..... ......" I was concerned when people were being shown how to manipulate rainfall at will and without any kind of concerted, well-thought-out plan that involved serious followup to ensure the minimum damage to the environment of the targeted area. There are many people who have no problems capitalizing on certain experimental technologies with little concern or sense of responsibility for ensuing damages. Jerry W.Decker"...

The Keelynet website also includes this introduction to my article:


ORGONOMY PEDDLERS, CLOUDBUSTING,
AND THE ENVIRONMENT
by Joel Carlinsky

This file was originally presented on the KeelyNet BBS as CLOUDBST.ASC on 02/24/96 courtesy of Chuck Henderson. The concerns expressed in this EXCELLENT file are precisely why KeelyNet will NOT post construction details on Cloudbusters, general weather modification techniques or weapons for large scale destruction. Our global ecology already has more than enough problems from pollution, deforestation and faulty land management without compounding sensitive ecosystems through irresponsible and indiscriminate redirection of moisture by using cloudbuster principles. Some things are better left alone at the current stage of human evolution and responsible people will understand and support this position. Eventually, a coordinated research project will be put together by responsible people who understand the need for biologists, botanists and other academic researchers in the project. Until such a project is properly organized and financed, we agree with Mr. Carlinsky that the Cloudbuster technology should NOT be indiscriminately and randomly experimented with or otherwise promoted. There are people who will call this attitude - suppression of information. Rational thinkers will understand that this is not the case in the least since such information is out there for those who seek it. Our concerns are the indiscriminate promotion of information which will negatively affect our environment when used in an uncoordinated and thoughtless fashion. KeelyNet does not wish to play a part in the destruction that could be unleashed by such irresponsible actions.
Jerry Decker & Chuck Henderson



Since Jerry Decker is now urging his readers to build cloudbusters and deploy them in Texas, it is obvious that he has had a drastic change of heart regarding the inherent dangers of promiscuous cloudbusting by untrained individuals.

Joel Carlinsky
( Former orgone biophysics student of Dr. Eva Reich )

Note: The quoted exerpts from the Keelynet website are used without permission of Jerry Decker under the Fair Use provisions of the Copyright Act.

Saturday, September 24, 2011

Illegal Pesticides, Illegal Cloudbusters; Same Issue


This New York Times article
   on the illegal use of a pesticide is a perfect example of exactly the same problem that is presented by the current illegal use of cloudbusters. Ignorant, untrained people thinking they are doing something worthwhile, fooling around with something they do not understand and failing to realize the dangers to themselves and others.

The basic issue is the same one as exemplified by the incrediblly reckless advice recently given to his readers by Jerry Decker to build cloudbusters to combat the drought in Texas. I suspect that even Jerry would draw a line at advising the public to obtain and spread around a highly-toxic substance that is banned because it has the potential to kill, but he seems not to realize the similar issue in urging an unknown number of untrained people who have no understanding of the orgone physics of the atmosphere to promiscuously point cloudbusters in all directions without even making any attempt to co-ordinate their operations.

Cloudbusters are not unregulated. Cloudbusters ARE illegal. There is no need for any new laws to be passed to render wildcat cloudbusting illegal; there are many environmental protection laws already on the books that impact on cloudbusting.

 The State of Texas, where Jerry was urging his readers to deploy cloudbusters, has laws already on the books that anyone attempting to use cloudbusters, as Jerry advocates, would violate. Some irresponsible people might argue that there is little risk of the athorities attempting to enforce these laws, but nevertheless, they DO exist, and it is only a matter of time until some attempt at enforcement is made.

Anyone, reading this, especially residents of Texas, who wants to help protect the public from incompetent, irresponsible, misguided attempts to use cloudbusters in the State of Texas is asked to please write politely to the appropriate athorities in Texas urging them to enforce the existing laws against unlicensed weather modification.

State Of Texas Complaint Form

Here is an on-line complaint form for filing a formal complaint with the State of Texas regarding illegal weather modification activities in that state. It is presented here as a sample of how the regulatory agencies deal with such complaints and as evidence that they take them seriously enough to have set up standardized procedures to deal with them.

Texas Department of Licensing and Regulation

COMPLAINT FORM

NOTICE
In the event an investigation is opened enforcement procedures require a copy of the complaint and all associated documentation be forwarded to the Respondent including your name and contact information.
If you wish to file your complaint anonymously to ensure your identity is not revealed, you must leave section ‘B’ (You, as the complaining party) blank.
Under the Texas Public Information Act, the complainant's identity is subject to being revealed.
If the complaining party files anonymously they will not receive automated case information.

In order for the Texas Department of Licensing and Regulation to pursue an investigation of your Weather Modification complaint please provide all documentation and information related to your complaint. This includes a complete explanation of your complaint (to be entered in Section D of this form). Important information to relate in your complaint may include:
  • the identity of the county affected by the seeding
  • the location where the seeding took place if different than the affected country
  • specific dates and times of the seeding
Documentation required to support your case may include: (Please do not send original documents.  All documents you send us will be scanned, electronically saved, and then destroyed)
  • a map and directions to the physical location affected by the seeding
  • rainfall data
  • videotapes
  • photographs
  • news articles
Please submit additional documentation in support of your complaint to the Department by fax (512) 539-5698 or mail to TDLR, P.O. Box 12157, Austin, Texas 78711. Please do not send original documents.  All documents you send us will be scanned, electronically saved, and then destroyed

A.    If you answer yes to this question, you are required to supply your name and full address in Section B of this form.
  Would you be willing to testify if this case results in a hearing?

  Type of Complaint: Weather Modification Services 
B.    You, as the complaining party:
  Name: 
  Company: 
  Address: 
  City/State/Zip: 
  Work Phone:      Home Phone:
  Fax:      E-mail:

C.    The person or firm you are complaining about:
  Name: 
  Company Name: 
  Physical Address: 
  City/State/Zip: 
  Mailing Address: 
  City/State/Zip: 
  Office Phone:      Fax:
  E-mail:      License or Registration #:

D.    EXPLANATION: Describe your complaint in detail (maximum 5000 characters).
        
Please hit the Submit button to get a Verification Page and continue the complaint process.
     

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small image of state of texas with horizontal line on each side

American Federal Law On Weather Modification

Title 15, Chapter 9A: Weather Modification Activities or Attempts; Reporting Requirement



Section 330. Definitions
As used in this chapter -
(1) The term ''Secretary'' means the Secretary of Commerce.
(2) The term ''person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, who is performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government.
(3) The term ''weather modification'' means any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.
(4) The term ''United States'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States.


Section 330a. Report requirement; form; information; time of submission
No person may engage, or attempt to engage, in any weather modification activity in the United States unless he submits to the Secretary such reports with respect thereto, in such form and containing such information, as the Secretary may by rule prescribe. The Secretary may require that such reports be submitted to him before, during, and after any such activity or attempt.

Section 330b. Duties of Secretary
(a) Records, maintenance; summaries, publication
The Secretary shall maintain a record of weather modification activities, including attempts, which take place in the United States and shall publish summaries thereof from time to time as he determines.
(b) Public availability of reports, documents, and other information
All reports, documents, and other information received by the Secretary under the provisions of this chapter shall be made available to the public to the fullest practicable extent.
(c) Disclosure of confidential information; prohibition; exceptions
In carrying out the provisions of this section, the Secretary shall not disclose any information referred to in section 1905 of title 18 and is otherwise unavailable to the public, except that such information shall be disclosed -
(1) to other Federal Government departments, agencies, and officials for official use upon request;
(2) in any judicial proceeding under court order formulated to preserve the confidentiality of such information without impairing the proceeding; and
(3) to the public if necessary to protect their health and safety.

Section 330c. Authority of Secretary
(a) Information; reports and records; inspection; availability of data from any Federal agency as limitation of authority
The Secretary may obtain from any person whose activities relate to weather modification by rule, subpena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping and furnishing of such reports and records, and may make such inspection of the books, records, and other writings and premises and property of any person as may be deemed necessary or appropriate by him to carry out the provisions of this chapter, but this authority shall not be exercised to obtain any information with respect to which adequate and authoritative data are available from any Federal agency.
(b) Noncompliance; application of Attorney General; jurisdiction;  orders; contempts
In case of contumacy by, or refusal to obey a subpena served upon any person pursuant to this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Attorney General, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Section 330d. Violation; penalty
Any person who knowingly and willfully violates section 330a of this title, or any rule issued thereunder, shall upon conviction be fined up to $10,000.

Friday, September 23, 2011

Texas Laws On Weather Modification

 Jerry Decker, well-known invention and gadget advocate,  has been irresponsibly urging numerous people in Texas to illegally build cloudbusters and point them in all directions at random to try to break the drought there, and since that would only make a bad situation worse, I present here the applicable laws of the State of Texas to show anyone who might be tempted to try illegal cloudbusting there exactly what laws they would be violating.

Cloudbusting is also illegal nearly everywhere under numerous state and Federal environmental protection laws. 


Texas Department of Licensing and Regulation

Weather Modification Law

You can download the entire Weather Modification Law document (48kb) as an Adobe PDF file, suitable for printing. Acrobat Reader is necessary to view .pdf files. If you need to obtain a copy of this program it is available as a free download for Windows or Macintosh operating systems.

WEATHER MODIFICATION and CONTROL
Agriculture Code, Title 9, Weather and Climate
Chapters 301 and 302
Administered by the Texas Department of Licensing and Regulation

(Effective September 1, 2007)

TABLE OF CONTENTS
CHAPTER 301. WEATHER MOFICATION AND CONTROL
SECTION 301.001. DEFINITIONS.
SECTION 301.002. APPLICABILITY OF OTHER LAW.
SECTION 301.051. RULES.
SECTION 301.052. STUDIES; INVESTIGATIONS; HEARINGS.
SECTION 301.053. ADVISORY COMMITTEES.
SECTION 301.054. PERSONNEL.
SECTION 301.055. MATERIALS AND EQUIPMENT.
SECTION 301.056. INTERSTATE COMPACTS.
SECTION 301.057. CONTRACTS AND COOPERATIVE AGREEMENTS.
SECTION 301.058. PROMOTION OF RESEARCH AND DEVELOPMENT.
SECTION 301.059. GRANTS AND GIFTS.
SECTION 301.060. DISPOSITION OF LICENSE AND PERMIT FEES.
SECTION 301.101. LICENSE AND PERMIT REQUIRED.
SECTION 301.102. EXEMPTIONS.
SECTION 301.103. ISSUANCE OF LICENSE.
SECTION 301.105. EXPIRATION DATE.
SECTION 301.106. RENEWAL LICENSE.
SECTION 301.107. ISSUANCE OF PERMIT.
SECTION 301.109. SCOPE OF PERMIT.
SECTION 301.110. APPLICATION AND NOTICE OF INTENTION.
SECTION 301.111. CONTENT OF NOTICE.
SECTION 301.112. PUBLICATION OF NOTICE.
SECTION 301.113. PROOF OF PUBLICATION; AFFIDAVIT.
SECTION 301.114. PROOF OF FINANCIAL RESPONSIBILITY.
SECTION 301.115. MODIFICATION OF PERMIT.
SECTION 301.116. SCOPE OF ACTIVITY.
SECTION 301.117. RECORDS AND REPORTS.
SECTION 301.151. DEFINITIONS.
SECTION 301.152. OPERATIONAL AREA.
SECTION 301.153. DATE OF PERMIT ISSUANCE; PERMIT AREA.
SECTION 301.154. ELIGIBLE VOTERS.
SECTION 301.155. APPLICATION FOR PETITION SEEKING ELECTION.
SECTION 301.156. ELECTION ON PETITION.
SECTION 301.157. PETITION REQUIREMENTS.
SECTION 301.158. CERTIFICATION OF PETITION.
SECTION 301.159. DEPOSIT REQUIRED.
SECTION 301.160. FORM OF BALLOT.
SECTION 301.161. ELECTION ORDER.
SECTION 301.162. RESULTS OF ELECTION.
SECTION 301.163. ISSUANCE OR DENIAL OF PERMIT FOLLOWING ELECTION.
SECTION 301.164. PERMIT FOR HAIL SUPPRESSION PROHIBITED OUTSIDE TARGET AREA OR IN AREA EXCLUDED BY ELECTION.
SECTION 301.165. MONITOR OF PROGRAM.
SECTION 301.166. PETITION IN ADJACENT COUNTY.
SECTION 301.167. INCLUSION OF CERTAIN COUNTIES AND PARTS OF COUNTIES.
SECTION 301.201. PENALTIES.
SECTION 301.202. ACT OF GOD.
SECTION 301.203. DEFENSE EXCLUDED.
SECTION 301.251. DEFINITION.
SECTION 301.252. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.
SECTION 301.253. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE.
SECTION 301.254. PROCEDURES FOR NOTICE AND HEARINGS.
SECTION 301.255. HEARINGS.
SECTION 301.256. REVOCATION OR SUSPENSION BY CONSENT.
SECTION 301.257. OTHER RELIEF.
SECTION 301.301. IMMUNITY OF STATE.
SECTION 301.302. PRIVATE LEGAL RELATIONSHIPS.
CHAPTER 302. WEATHER MOFICATION AND CONTROL GRANT PROGRAM
SECTION 302.001. FINDINGS.
SECTION 302.002. DEFINITION.
SECTION 302.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.
SECTION 302.004. RULES.
SECTION 302.005. CONTRACTS.
SECTION 302.006. FUNDING.

CHAPTER 301. WEATHER MOFICATION AND CONTROL
SUBCHAPTER A. GENERAL PROVISIONS
Section 301.001. Definitions.
In this chapter:
(1) "Commission" has the meaning assigned by Section 51.001, Occupations Code.
(2) "Department" has the meaning assigned by Section 51.001, Occupations Code.
(2-a) "Executive Director" means the executive director of the department.
(3) "Operation" means the performance of weather modification and control activities entered into for the purpose of producing or attempting to produce a certain modifying effect within one geographical area over one continuing time interval not exceeding four years.
(4) "Research and development" means theoretical analysis, exploration, experimentation, and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.
(5) "Weather modification and control" means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.
(6) "Weather modification and control program" means the research, development, licensing, and permitting and other associated activities to be administered by the Texas Department of Licensing and Regulation.
Section 301.002. Applicability of Other Law.
Sections 51.404 and 51.405, Occupations Code do not apply to this chapter.

SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
Section 301.051. Rules.
The commission may adopt rules necessary to:
(1) exercise the powers and perform the duties under this chapter;
(2) establish procedures and conditions for the issuance of licenses and permits under this chapter; and
(3) establish standards and instructions to govern the carrying out of research or projects in weather modification and control that the commission considers necessary or desirable to minimize danger to health or property.
Section 301.052. Studies; Investigations; Hearings.
The department may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this chapter or any rules or orders issued under this chapter.
Section 301.053. Advisory Committees.
The commission may establish advisory committees to advise the commission and to make recommendations to the commission concerning legislation, policies, administration, research, and other matters related to the duties, powers, or functions of the department under this chapter. If the commission establishes an advisory committee under this section, the presiding officer of the commission, with the commission’s approval, shall appoint a member of the committee to serve as the presiding officer of the committee for a two-year term.
Section 301.054. Personnel.
The executive director may, as provided by the General Appropriations Act, appoint and fix the compensation of any personnel, including specialists and consultants, necessary to perform duties and functions under this chapter.
Section 301.055. Materials and Equipment.
The department may acquire in the manner provided by law any materials, equipment, and facilities necessary to the performance of its duties and functions under this chapter.
Section 301.056. Interstate Compacts.
The commission may represent the state in matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control.
Section 301.057. Contracts and Cooperative Agreements.
(a) The department may cooperate with public or private agencies to promote the purposes of this chapter.
(b) The department may enter into cooperative agreements with the United States or any of its agencies, with counties and municipalities of this state, or with any private or public agencies for conducting weather modification or cloud-seeding operations.
(c)The department may represent the state, counties, municipalities, and public and private agencies in contracting with private concerns for the performance of weather modification or cloud-seeding operations.
Section 301.058. Promotion of Research and Development.
(a) In order to assist in expanding the theoretical and practical knowledge of weather modification and control, the department shall promote continuous research and development in:
(1) the theory and development of methods of weather modification and control, including processes, materials, and devices related to these methods;
(2) the use of weather modification and control for agricultural, industrial, commercial, and other purposes; and
(3) the protection of life and property during research and operational activities.
(b) The department with approval of the commission may conduct and may contract for research and development activities relating to the purposes of this section.
Section 301.059. Grants and Gifts.
Subject to any limitations imposed by law, the department may accept federal grants, private gifts, and donations from any other source. Unless the use of the money is restricted or subject to any limitations provided by law, the department may spend the money for the administration of this chapter.
Section 301.060. Disposition of License and Permit Fees.
The department shall deposit all license and permit fees in the state treasury.

SUBCHAPTER C. LICENSES AND PERMITS
Section 301.101. License and Permit Required.
Except as provided by rule of the commission under Section 301.102, a person may not engage in activities for weather modification and control:
(1) without a weather modification license and weather modification permit issued by the department; or
(2) in violation of any term or condition of the license or permit.
Section 301.102. Exemptions.
(a) The commission by rule, to the extent it considers exemptions practical, shall provide for exempting the following activities from the license and permit requirements of this chapter:
(1) research, development, and experiments conducted by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations;
(2) laboratory research and experiments;
(3) activities of an emergent nature for protection against fire, frost, sleet, or fog; and
(4) activities normally conducted for purposes other than inducing, increasing, decreasing, or preventing precipitation or hail.
(b) The commission by rule may modify or revoke an exemption.
Section 301.103. Issuance of License.
(a) The department, in accordance with the rules adopted under this chapter, shall issue a weather modification license to each applicant who:
(1) pays the license fee; and
(2) demonstrates, to the satisfaction of the department, competence in the field of meteorology that is reasonably necessary to engage in weather modification and control activities.
(b) If the applicant is an organization, the competence must be demonstrated by the individual or individuals who are to be in control and in charge of the operation for the applicant.
Section 301.105. Expiration Date.
Each original or renewal license expires at the end of the state fiscal year for which it was issued.
Section 301.106. Renewal License.
At the expiration of the license period, the department shall issue a renewal license to each applicant who pays the license fee and who has the qualifications necessary for issuance of an original license.
Section 301.107. Issuance of Permit.
(a) The department, in accordance with the rules adopted under this chapter and on a finding that the weather modification and control operation as proposed in the permit application will not significantly dissipate the clouds and prevent their natural course of developing rain in the area in which the operation is to be conducted to the material detriment of persons or property in that area, and after approval at an election if governed by Subchapter D, may issue a weather modification permit to each applicant who:
(1) holds a valid weather modification license;
(2) pays the permit fee;
(3) publishes a notice of intention and submits proof of publication as required by this chapter; and
(4) furnishes proof of financial responsibility.
(b) The department shall, if requested by at least 25 persons, hold at least one public hearing in the area where the operation is to be conducted prior to the issuance of a permit.
Section 301.109. Scope of Permit.
A separate permit is required for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. The department may not issue a permit for a contracted operation unless it covers a continuous period not to exceed four years.
Section 301.110. Application and Notice of Intention.
Before undertaking any operation, a license holder must file an application for a permit and have a notice of intention published as required by this chapter.
Section 301.111. Content of Notice.

In the notice of intention, the applicant must include:
(1) the name and address of the license holder;
(2) the nature and object of the intended operation and the person or organization on whose behalf it is to be conducted;
(3) the area in which and the approximate time during which the operation is to be conducted;
(4) the area that is intended to be affected by the operation; and
(5) the materials and methods to be used in conducting the operation.
Section 301.112. Publication of Notice.
The notice of intention required under Section 301.110 must be published at least once a week for three consecutive weeks in a newspaper of general circulation in each county in which the operation is to be conducted.
Section 301.113. Proof of Publication; Affidavit.
The applicant shall file proof of the publication, together with the publishers' affidavits, with the department during the 15-day period immediately after the date of the last publication.
Section 301.114. Proof of Financial Responsibility.
Proof of financial responsibility is made by showing to the satisfaction of the department that the license holder has the ability to respond in damages for liability that might reasonably result from the operation for which the permit is sought.
Section 301.115. Modification of Permit.
The department may modify the terms and conditions of a permit if:
(1) the license holder is first given notice and a reasonable opportunity for a hearing on the need for a modification; and
(2) it appears to the department that a modification is necessary to protect the health or property of any person.
Section 301.116. Scope of Activity.
Once a permit is issued, the license holder shall confine the license holder's activities substantially within the limits of time and area specified in the notice of intention, except to the extent that the limits are modified by the department. The license holder shall comply with any terms and conditions of the permit as originally issued or as subsequently modified by the department.
Section 301.117. Records and Reports.
(a) A license holder shall keep a record of each operation conducted under a permit, showing:
(1) the method employed;
(2) the type of equipment used;
(3) the kind and amount of each material used;
(4) the times and places the equipment is operated;
(5) the name and mailing address of each individual, other than the license holder, who participates or assists in the operation; and
(6) other information required by the department.
(b) The department shall require written reports covering each operation, whether the operation is exempt or conducted under a permit. A license holder shall submit a written report at the time and in the manner required by the department.
(c) All information on an operation shall be submitted to the department before it is released to the public.
(d) The reports and records in the custody of the department shall be kept open for public inspection.

SUBCHAPTER D. ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES AUTHORIZATION FOR HAIL SUPPRESSION
Section 301.151. Definitions.
(a) In this subchapter:
(1) “Operational area” means that area that joins the target area and is reasonably necessary to use in order to effectuate the purposes over the target area without affecting the land or land owners in the operational area.
(2) “Target area” means that area described by metes and bounds or other specific bounded description set out in the application for a permit.
(b) The commission by rule shall define hail suppression as used in this subchapter, using the most current scientifically accepted technological concepts.
Section 301.152. Operational Area.
(a) No part of an operational area may be more than eight miles from the limits of the target area.
(b) The operational area must be described by metes and bounds or other specific bounded description and set out in the application for a permit.
(c) If the application for a permit does not describe the operational area, the department may designate an area located inside and up to eight miles from the limits of the target area described in the application as the operational area of the permit for the purposes of this chapter.
Section 301.153. Date of Permit Issuance; Permit Area.
A permit may not be issued by the department before the end of the 30-day period immediately following the first publication of notice and then only in:
(1) those counties or parts of counties in the target area or operational area in which the majority of the qualified voters voting have approved or have not disapproved the issuance of a permit if an election has been held; or
(2) any county or part of a county in the target area or operational area if no petition for an election has been filed.
Section 301.154. Eligible Voters.
(a) Persons eligible to vote in elections held under this subchapter shall include qualified voters in counties or parts of counties included in the target area or operational area.
(b) If the target area or operational area for a permit including authorization for hail suppression includes only part of a county, an election held under this subchapter may be held only in the election precincts that are included entirely within or are partially included in those areas, and only those qualified voters residing in an election precinct or precints of the county included in the target area of operational area are eligible to sign a petition and to vote at an election under this subchapter. In computing the vote, only a majority of qualified voters residing in those areas and voting in the election is necessary to carry the proposition in that county.
Section 301.155. Application for Petition Seeking Election.
(a) On written request of at least 25 qualified voters residing in the target area or operational area mentioned in the notice requesting an election accompanied by unsigned petitions, the county clerk of each county within the target area or operational area shall certify and mark for identification petitions for circulation.
(b) An application for a petition seeking an election to disapprove the issuance of a permit must:
(1) be headed "Application for Election to Disapprove a Weather Modification Permit"; and
(2) contain the following statement just ahead of the signatures of the applicants: "It is the hope, purpose, and intent of the applicants whose signatures appear on this application to see disapproved the issuance of a permit for weather modification, including hail suppression."
(c) An application for a petition seeking an election to approve the issuance of a permit must:
(1) be headed "Application for Election to Approve a Weather Modification Permit"; and
(2) contain the following statement just ahead of the signatures of the applicants: "It is the hope, purpose, and intent of the applicants whose signatures appear on this application to see approved the issuance of a permit for weather modification, including hail suppression."
Section 301.156. Election on Petition.
(a) On the return to the county clerks of petitions signed by at least 10 percent of the qualified voters residing in each county within the target area or operational area in the notice requesting an election, the commissioners court of each county shall call and hold an election. Notice under Chapter 111, Local Government Code, of the commissioners court meeting to call and hold the election is not required. The date of the election shall be determined by the commissioners court in accordance with this subchapter, notwithstanding Sections 41.004 and 41.0041, Election Code.
(b) A petition under this subchapter must be filed with the clerk of each county within 30 days immediately following the date of the first publication of notice.
(c) An election under this subchapter must be held within 45 days after the date the petition is received to determine whether or not the qualified voters in the target area or operational area approve the issuance of the permit.
(d) Immediately on calling the election, the clerk of each county within the target area or operational area shall notify the executive director of the date of the election.
(e) Except as otherwise provided by this chapter, elections must be held in accordance with the Election Code.
Section 301.157. Petition Requirements.
(a) The petition for an election under this subchapter must read substantially as follows: "The following qualified voters of __________ County request the Commissioners Court of __________ County to call an election at which the qualified voters shall be asked to vote on the proposition of whether or not they approve of the issuance of a weather modification permit that includes authorization for hail suppression (description of area)."
(b) Each qualified voter signing the petition must give the voter's full name and address and voter registration number.
Section 301.158. Certification of Petition.
(a) Within five days after the date of receiving a petition under this subchapter, the commissioners court shall have the county clerk of the county check the names on the petition against the voter registration lists of the county and certify to the commissioners court the number of qualified voters signing the petition as reflected by checking the county's voter registration lists. If only a part of a county is included in the target area or operational area, the county clerk shall also certify that those signing the petition reside in an election precinct in the county totally or partially included in the target area or operational area.
(b) On certification by the county clerk, the petition must be filed with the official records of the county and be made available for public inspection.
Section 301.159. Deposit Required.
(a) A person filing a petition with the county clerk shall deposit with the county clerk an amount of money estimated by the county clerk to be sufficient to cover the costs of the election, to be held by the county clerk until the result of the election to approve or disapprove the issuance of the permit is officially announced.
(b) If the result of the election favors the party petitioning for the election, the county clerk shall return the deposit to the person filing the petition or to the person's agent or attorney.
(c) If the result of the election does not favor the party petitioning for the election, the county clerk shall pay the cost and expenses of the election from the deposit and return the balance of the deposit to the person filing the petition or to the person's agent or attorney.
Section 301.160. Form of Ballot.
The ballots for an election under this subchapter must be printed to provide for voting for or against the proposition: "The issuance of a permit providing for weather modification, including authorization for hail suppression and control in (description of area)."
Section 301.161. Election Order.
(a) The order calling the election shall provide for:
(1) the time and place or places for holding the election;
(2) the form of the ballots, and
(3) the presiding judge for each voting place.
(b) The commissioners court shall publish a copy of the election order in a newspaper of general circulation in the county or in the part of the county within the target area or operational area at least 30 days preceding the day of the election.
Section 301.162. Results of Election.
(a) The presiding judge of each voting place shall supervise the counting of all votes cast and shall certify the results to the commissioners court not later than the fifth day after the date of the election.
(b) A copy of the results must be filed with the county clerk and is a public record.
(c) Not later than the fifth day after the results are filed, the commissioners court shall declare the results.
(d) The commissioners court of each county holding an election shall send certified copies of the results of the election to the executive director not later than 24 hours after the results are declared under Subsection (a).
Section 301.163. Issuance or Denial of Permit Following Election.
(a) If a majority of the qualified voters voting in the election precincts any part of which are located in the target area vote against issuance of the permit, a permit may not be issued.
(b) If a majority of the qualified voters voting in the election precincts any part of which are located within the target area vote in favor of issuance of the permit, the department may issue the permit as provided in this subchapter, except that if a majority of the qualified voters voting in any of the following areas vote against issuance of the permit, that area is excluded from the coverage of the permit:
(1) any election precinct any part of which is located in the operational area; or
(2) any election precinct located wholly within the target area and contiguous with its outer boundary.
(c) If the department finds that a weather modification and control operation is still feasible, a permit may be issued covering areas in which no election is requested or areas in which the voters give their approval as provided by this subchapter.
(d) If a permit is denied under Subsection (a), an application for a permit covering all or part of the same target area or operational area that was denied may not be considered, and for a period of two years following the date of the election, a permit under that application may not be issued by the department and an election may not be held under this chapter.
Section 301.164. Permit for Hail Suppression Prohibited outside Target Area or in Area Excluded by Election.
(a) A permit may not be issued that provides for or allows the seeding of clouds for hail suppression outside the target area or within those counties or parts of counties located in any operational or target areas that were excluded from the coverage of the permit by an election under Section 301.163(a) or (b). Seeding may be done in those counties or parts of counties located in the operational or target area that were not excluded from the coverage of the permit by an election under Section 301.163(a) or (b), provided the seeding is reasonably calculated to take effect only within the target area.
(b) This section does not prohibit the observation of cloud and cloud formations.
Section 301.165. Monitor of Program.
The department may monitor any program under conditions the department determines advisable.
Section 301.166. Petition in Adjacent County.
(a) On petition as provided in this subchapter, the commissioners court of any county outside but adjacent to a county included in the operational area of an existing or proposed permit shall call and hold an election on the proposition of whether or not the qualified voters of the county approve of the issuance of any permit authorizing hail suppression in the county.
(b) If the county voters voting in the election disapprove the issuance of permits authorizing hail suppression, the department may not issue a permit covering the county until the proposition has been approved at a subsequent election.
Section 301.167. Inclusion of Certain Counties and Parts of Counties.
(a) If any county or part of a county has disapproved the issuance of a permit at the previous election held under this subchapter, that county or part of a county may not be included in any permit issued by the department until the voters of that county or part of a county have participated in a subsequent election at which a permit is approved.
(b) The applicant for a permit that includes that county or part of a county has the burden of petitioning for an election and depositing costs in the manner provided by this subchapter for the original election to approve or disapprove a permit.

SUBCHAPTER E. SANCTIONS
Section 301.201. Penalties.
A person who violates this chapter is subject to Subchapters F and G, Chapter 51, Occupations Code, in the same manner as a person regulated by the department under other law is subject to those subchapters.
Section 301.202. Act of God.
If a person can establish that an event that would otherwise be a violation of this chapter or a rule adopted or order or permit issued under this chapter was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this chapter or a rule, order, or permit issued under this chapter.
Section 301.203. Defense Excluded.
Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the department does not relieve that person from liability for the violation of this chapter or a rule adopted or order or permit issued under this chapter.

SUBCHAPTER F. REVOCATION AND SUSPENSION OF PERMIT
Section 301.251. Definition.
In this subchapter, "permit holder" includes each member of a partnership or association that is a permit holder and, with respect to a corporation that is a permit holder, each officer and the owner or owners of a majority of the corporate stock, provided that the member or owner controls at least 20 percent of the permit holder.
Section 301.252. Grounds For Revocation or Suspension of Permit.
After notice and hearing, the department may revoke or suspend a permit issued under this chapter on any of the following grounds:
(1) violating any term or condition of the permit, and revocation or suspension is necessary to maintain the quality of water or the quality of air in the state, or to otherwise protect human health and the environment consistent with the objectives of the law within the jurisdiction of the department;
(2) having a record of environmental violations in the preceding five years at the permitted site;
(3) causing a discharge, release, or emission contravening a pollution control standard set by the department or contravening the intent of a law within the jurisdiction of the department;
(4) misrepresenting or failing to disclose fully all relevant facts in obtaining the permit or misrepresenting to the department any relevant fact at any time;
(5) being indebted to the state for fees, payment of penalties, or taxes imposed by the law within the department's jurisdiction;
(6) failing to ensure that the management of the permitted facility conforms or will conform to the law within the jurisdiction of the department;
(7) abandoning the permit or operations under the permit;
(8) the finding by the department that a change in conditions requires elimination of the discharge authorized by the permit; or
(9) failing to continue to possess qualifications necessary for the issuance of the permit.
Section 301.253. Grounds for Revocation or Suspension of License.
(a) This section applies to a license issued under this chapter or under a rule adopted under this chapter.
(b) After notice and hearing, the department may suspend or revoke a license, place on probation a person whose license has been suspended, reprimand a license holder, or refuse to renew or reissue a license on any of the following grounds:
(1) having a record of environmental violations in the preceding five years at a permit site;
(2) committing fraud or deceit in obtaining the license;
(3) demonstrating gross negligence, incompetency, or misconduct while acting as license holder;
(4) making an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the department by the license holder;
(5) failing to keep and transmit records as required by a law within the jurisdiction of the department;
(6) being indebted to the state for a fee, payment of a penalty, or a tax imposed by a law within the jurisdiction of the department; or
(7) failing to continue to possess qualifications necessary for the issuance of the license.
Section 301.254. Procedures for Notice and Hearings.
The commission by rule shall establish procedures for public notice and any public hearing under this subchapter.
Section 301.255. Hearings.
A hearing under this chapter shall be conducted in accordance with the hearing rules adopted by the commission and the applicable provisions of Chapter 51, Occupations Code, and Chapter 2001, Government Code.
Section 301.256. Revocation or Suspension By Consent.
If a permit holder or license holder requests or consents to the revocation or suspension of the permit or license, the commission may revoke or suspend the permit or license without a hearing.
Section 301.257. Other Relief.
A proceeding brought by the department under this subchapter does not affect the authority of the department to bring suit for injunctive relief or a penalty, or both, under this chapter.

SUBCHAPTER G. IMMUNITY; CERTAIN LEGAL RELATIONSHIPS
Section 301.301. Immunity of State.
The state and its officers and employees are immune from liability for all weather modification and control activities conducted by private persons or groups.
Section 301.302. Private Legal Relationships.
(a) This chapter does not affect private legal relationships, except that an operation conducted under the license and permit requirements of this chapter is not an ultrahazardous activity that makes the participants subject to liability without fault.
(b) The fact that a person holds a license or permit under this chapter or that the person has complied with this chapter or the rules issued under this chapter is not admissible as evidence in any legal proceeding brought against the person.

CHAPTER 302. WEATHER MOFICATION AND CONTROL GRANT PROGRAM
Section 302.001. Findings.
The legislature finds that weather modification and control activities may have a significant impact on Texas agriculture. The legislature further finds that the Texas Department of Licensing and Regulation is the proper state agency to administer grants to political subdivisions for weather modification and control activities.
Section 302.002. Definition.
In this chapter:
(1) "Commission" means the Texas Commission of Licensing and Regulation.
(2) "Department" means the Texas Department of Licensing and Regulation.
(3) "Weather modification and control" means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.
Section 302.003. Weather Modification and Control Grant Program.
The department shall develop and administer a program awarding matching grants to political subdivisions of this state for weather modification and control.
Section 302.004. Rules.
The commission may adopt rules necessary to administer this chapter.
Section 302.005. Contracts.
The department may enter into contracts with public or private entities to assist the department in the administration or evaluation of the weather modification and control grant program or to conduct research relating to the effectiveness of weather modification and control activities.
Section 302.006. Funding.
The department may accept appropriations and may solicit and accept gifts, grants, and other donations from any source to administer the weather modification and control grant program.
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