Cloudbusting is also illegal nearly everywhere under numerous state and Federal environmental protection laws.
WEATHER MODIFICATION and CONTROL
Chapters 301 and 302
Administered by the Texas Department of Licensing and Regulation
(Effective September 1, 2007)
TABLE OF CONTENTS
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 301.102. 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 301.152. 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 301.252. 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 302.002. DEFINITION.
SECTION 302.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.
SECTION 302.004. RULES.
SECTION 302.005. CONTRACTS.
SECTION 302.006. FUNDING.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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."
(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."
(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.
(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.
(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.
(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.
(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.
- Criminal Conviction Guidelines
- Application for Weather Modification Advisory Committee
- For more information about the
weather modification program, e-mail TDLR at email@example.com