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

   1. (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. (2) that the applicant:

      1. (A) holds a valid weather modification license;
      2. (B) has submitted an administratively complete application in accordance with §79.18 of this title (relating to Permit Application); and
      3. (C) has published a notice of intention as approved by the Department and submitted proof of publication as required by §79.17 of this title (relating to Notice of Intention).
2. (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 publishes the latest notice of intention.
3. (c) When an election regarding a permit application including hail suppression has been held in accordance with §1.41 (relating to Election for Approval of a Permit that Includes Authorization for Hail Suppression) set forth in Senate Bill 1175, 1st Called Session, 77th Texas Legislature, and the code sections in which it may be codified, the Department shall issue Texas weather modification permits in accordance with this section and §79.62 of this title (relating to Issuance of Permit When Election Held).

Source Note:The provisions of this §79.21 adopted to be effective December 30, 2001, 26 TexReg 10525.