Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter B - CREATION OF WATER DISTRICTS › Section 293.11 - Information Required to Accompany Applications for Creation of Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) Creation
				  applications for all types of districts, excluding groundwater conservation
				  districts, shall contain the following:
(1)
				  $700 nonrefundable application fee;
(2) if a proposed district's purpose is to
				  supply fresh water for domestic or commercial use or to provide wastewater
				  services, roadways, or drainage, a certified copy of the action of the
				  governing body of any municipality in whose extraterritorial jurisdiction the
				  proposed district is located, consenting to the creation of the proposed
				  district, under Texas Local Government Code, §
											42.042. If the
				  governing body of any such municipality fails or refuses to grant consent, the
				  petitioners must show that the provisions of Texas Local Government Code,
				  §
											42.042, have
				  been followed;
(3) if city consent
				  was obtained under paragraph (2) of this subsection, provide the following:
(A) evidence that the application conforms
				  substantially to the city consent; provided, however, that nothing in this
				  chapter shall prevent the commission from creating a district with less land
				  than included in the city consent; and
(B) evidence that the city consent does not
				  place any conditions or restrictions on a district other than those permitted
				  by Texas Water Code (TWC), §54.016(e) and (i);
(4) a statement by the appropriate secretary
				  or clerk that a copy of the petition for creation of the proposed district was
				  received by any city in whose corporate limits any part of the proposed
				  district is located;
(5) evidence
				  of submitting a creation petition and report to the appropriate commission
				  regional office;
(6) if substantial
				  development is proposed, a market study and a developer's financial
				  statement;
(7) if the petitioner is
				  a corporation, trust, partnership, or joint venture, a certificate of corporate
				  authorization to sign the petition, a certificate of the trustee's
				  authorization to sign the petition, a copy of the partnership agreement or a
				  copy of the joint venture agreement, as appropriate, to evidence that the
				  person signing the petition is authorized to sign the petition on behalf of the
				  corporation, trust, partnership, or joint venture;
(8) a vicinity map;
(9) unless waived by the executive director,
				  for districts where substantial development is proposed, a certification by the
				  petitioning landowners that those lienholders who signed the petition or a
				  separate document consenting to the petition, or who were notified by certified
				  mail, are the only persons holding liens on the land described in the
				  petition;
(10) if the petitioner
				  anticipates recreational facilities being an intended purpose, a detailed
				  summary of the proposed recreational facility projects, projects' estimated
				  costs, and proposed financing methods for the projects as part of the
				  preliminary engineering report; and
(11) other related information as required by
				  the executive director.