SECTION 79.21. Issuance of Permit

(a) The Department may issue a Texas weather modification permit upon determination of the following:

(1) that the operation proposed in the application will not significantly dissipate the clouds and prevent their natural course of developing rain in the area where the operation is to be conducted to the material detriment of persons or property in that area;

(2) that the applicant:

(A) holds a valid Texas weather modification license, or has a pending application for one;

(B) has filed an administratively complete application in accordance with §79.18; and

(C) has published a notice of intention as approved by the Department and filed proof of publication as required by §79.17.

(b) The Department shall not issue a permit before the end of the 30-day period immediately following the first publication of the notice of intention. If the notice of intention is required to be published in more than one county and the newspapers publish the notice beginning on different days, the 30-day period begins on the date of the first publication of the notice in the newspaper that is the last to publish the notice of intention.

(c) When an election regarding a permit application including hail suppression has been held in accordance with Texas Agriculture Code Chapter 301, Subchapter D, the Department shall issue Texas weather modification permits in accordance with this section and §79.62.

Source Note: The provisions of this §79.21 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641