SECTION 79.61. Hail Suppression as Objective of Permit

(a) If the notice published pursuant to Agriculture Code Chapter 301, Subchapter D does not include notice that hail suppression is an objective of the operation, any qualified voter in the proposed target or operational area may request that the Department determine whether the objective of the operation includes hail suppression.

(b) The Commission shall consider the request in a public meeting and determine the nature of the proposed operation. The Commission shall issue an order that determines the nature of the operation. If the Commission determines that the proposed operation includes hail suppression as an objective, the order shall specify the terms under which the applicant may republish the notice of intention.

(c) If the Commission determines that the objectives of the proposed operation include hail suppression, the Commission shall not issue a permit unless the applicant meets the requirements of the order issued by the Commission.

Source Note: The provisions of this §79.61 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641