reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.3 - Continuing Right of Supervision of Districts and Authorities Created under Article III, Section 52 and Article XVI, Section 59 of the Texas Constitution

Current through Reg. 49, No. 28; July 12, 2024
(a) The powers
				  and duties of all districts and authorities created under the Texas
				  Constitution, Article III, §52, and Article XVI, §59, are subject to
				  the continuing right of supervision of the state of Texas, by and through the
				  commission or its successor, and this supervision may include but is not
				  limited to the authority to:
(1) inquire into
				  the qualifications of the officers and directors of any district or
				  authority;
(2) require, on its own
				  motion or on complaint by any person, audits, or other financial information,
				  inspections, evaluations, and engineering reports;
(3) issue subpoenas for witnesses to carry
				  out its authority under this subsection;
(4) institute investigations and
				  hearings;
(5) issue rules necessary
				  to supervise the districts and authorities, except that such rules shall not
				  apply to water quality ordinances adopted by any river authority which meet or
				  exceed minimum requirements established by the commission;
(6) issue a permit under Texas Health and
				  Safety Code, Chapter 361, regardless of a district's rule or objection;
				  and
(7) the right of supervision
				  granted in this subsection shall not apply to matters relating to electric
				  utility operations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.4 - Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Audits on file
				  with a district and all other records and information as set forth in the Texas
				  Water Code, §
										49.194,
				  shall be maintained in the district office and shall be available to the public
				  during normal business hours as provided in Texas Government Code, Chapter
				  552.
(b) All records and
				  information required by law to be filed with the agency shall be available for
				  public inspection during the office hours of the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.5 - Petition to Commission

Current through Reg. 49, No. 28; July 12, 2024
The provisions of Chapter 281 of this title (relating to
					 Applications Processing) notwithstanding, in the event that the executive
					 director has not forwarded to the commission a memorandum recommending approval
					 or disapproval of any application or request required or permitted under this
					 chapter within 90 days after receipt thereof, the petitioner may request that
					 the commission immediately consider such matter on the basis of the materials
					 and data on file with the commission. Within 19 days after the filing of the
					 request, the commission shall hold a hearing on the request. If the commission
					 determines that sufficient material and data have been provided, the commission
					 shall direct the executive director to present to the commission a complete
					 memorandum on the application within 10 days. If the commission determines that
					 sufficient material and data have not been provided, the commission shall
					 specify the additional information and material to be submitted by petitioner.
					 An order directing the executive director to prepare the memorandum shall in no
					 way prejudice the action which the commission may take on the merits of the
					 application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.6 - Applications Processing Requirements

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in this chapter, all
					 applications for commission actions authorized by the Texas Water Code and this
					 chapter are subject to and governed by Chapter 281 of this title (relating to
					 Applications Processing) which provides procedures and schedules for processing
					 all applications by the commission, and Chapter 50 of this title (relating to
					 Action on Applications) and Chapter 55 of this title (relating to Request for
					 Contested Case Hearings) as applicable.
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 293.12 - Creation Notice Actions and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  On receipt by the executive director of all required documentation associated
				  with an application for creation of a district by the commission in accordance
				  with Texas Water Code (TWC), Chapter 51, multi-county Water Control and
				  Improvement Districts or single-county Water Control and Improvement Districts
				  requesting additional powers; Chapter 54, Municipal Utility Districts; Chapter
				  55, Water Improvement Districts; Chapter 58, multi-county Irrigation Districts;
				  Chapter 59, Regional Districts; Chapter 65, Special Utility Districts; and
				  Chapter 66, Stormwater Control Districts, the executive director shall notify
				  the chief clerk that the application is administratively complete.
(b) For those applications described in
				  subsection (a) of this section, the chief clerk shall send a copy of a notice
				  to the applicant indicating that an application has been received and notifying
				  interested persons of the procedures for requesting a public hearing. The
				  applicant shall cause the notice to be published as follows:
(1) notice must be published once a week for
				  two consecutive weeks in a newspaper regularly published or circulated in the
				  county or counties where the district is proposed to be located with the last
				  publication not later than the 30th day before the date on which the commission
				  may act on the application; and
(2)
				  not later than the 30th day before the date on which the commission may act on
				  the application, the notice must be posted on the bulletin board used for
				  posting legal notices in each county in which all or part of the proposed
				  district is to be located.
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 293.13 - Commission Actions Following Consideration of Creation Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission finds that the petition does not conform to the requirements of the
				  applicable statutes the commission shall deny the petition. With respect to
				  regional plan implementation agencies, the commission will consider the
				  regional plan submitted with the petition in connection with its
				  findings.
(b) If the commission
				  grants the petition for creation:
(1) the
				  commission shall issue an order including a finding that the project meets
				  applicable statutory requirements;
(2) if the commission finds that any of the
				  lands to be included in the district will not be benefited by the creation of
				  the district, the commission shall exclude the lands not to be benefited and
				  shall redefine the boundaries of the proposed district to include only those
				  lands that will receive benefits from the district;
(3) the commission shall appoint directors as
				  provided in applicable statutes, who shall serve until permanent directors are
				  elected and qualified.
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 293.14 - District Reporting Actions Following Creation

Current through Reg. 49, No. 28; July 12, 2024
(a) A certified copy of the order canvassing
				  results of the confirmation election shall be recorded in the office of the
				  county clerk of each county in which a portion of the district lies and shall
				  be submitted to the executive director not later than the 30th day after the
				  date of the election in accordance with Texas Water Code (TWC), §49.102(e)
				  and (f).
(b) The governing board of
				  the district shall submit to the executive director the information required by
				  §
										293.92
				  of this title (relating to Additional Reports and Information Required of
				  Certain Districts) and a certificate from the county clerk of each county in
				  which all or part of the district is located showing compliance with TWC,
				  §49.455. The certificate shall show on its face the date of the
				  confirmation election, and the date that the information required by TWC,
				  §49.455, was filed with the county clerk(s).
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 293.15 - Addition of Wastewater and/or Drainage Powers and Conversion of Districts into Municipal Utility Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  water improvement district, water control and improvement district, fresh water
				  supply district, levee improvement district, irrigation district or any other
				  conservation and reclamation district or any special utility district created
				  under the Texas Constitution, Article XVI, §59, may be converted into a
				  municipal utility district operating under the Texas Water Code (TWC), Chapter
				  54.
(b) The application for the
				  conversion of a district shall be accompanied by the following:
(1) a certified copy of the resolution
				  adopted by the board of directors in accordance with TWC, §54.030(b) as
				  amended by House Bill (HB) 2914, 86th Texas Legislature, 2019 and
				  §54.030(d). The resolution required by this paragraph may be submitted
				  after the hearing required by TWC, §54.030(b) as amended by HB 2590, 86th
				  Texas Legislature, 2019;
(2) a $700
				  application fee;
(3) unless waived
				  by the executive director, a preliminary plan (22 - 24 inches by 36 inches or
				  digital data in electronic format) showing the location of existing facilities
				  including highways, roads, and other improvements together with the location of
				  proposed utility mains and sizing, general drainage patterns, principal
				  drainage ditches and structures, utility plant sites, recreational areas,
				  commercial and school sites, areas within the 100-year flood plain, and any
				  other information pertinent to the project;
(4) unless waived by the executive director,
				  a preliminary engineering report including:
(A) a description of existing area,
				  conditions, topography, and proposed improvements;
(B) land use plan;
(C) 100-year flood computations or source of
				  information;
(D) existing and
				  projected populations;
(E)
				  tentative itemized cost estimates of the proposed capital improvements, if any
				  and itemized cost summary for anticipated bond issue requirements;
(F) projected tax rate and water and
				  wastewater rates; and
(G) total tax
				  assessments on all land within the district; and
(5) other data and information as the
				  executive director may require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.17 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide the processes
					 and requirements related to Texas Water Code (TWC), Chapter 36, Groundwater
					 Conservation Districts. The use of the term "district" in this subchapter means
					 groundwater conservation district (GCD) unless the context clearly indicates
					 otherwise. This subchapter provides:
(1) procedures for commission certification
				  of landowner petitions for the creation of GCDs filed under TWC, §
										36.013;
(2) procedures for the commission, on its own
				  motion, to create GCDs under TWC, §
										36.0151,
				  in priority groundwater management areas (PGMAs) designated after September 1,
				  2001;
(3) procedures for the
				  commission, on its own motion, to create GCDs in PGMAs designated before
				  September 1, 2001; and
(4)
				  procedures for commission review of GCD management plan noncompliance and
				  petitions for inquiry under TWC, Chapter 36, Subchapter I.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.18 - Creation of a Groundwater Conservation District in a Groundwater Management Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Groundwater
				  conservation district creation landowner submittal. An original and one copy of
				  the complete groundwater conservation district (GCD) creation submittal shall
				  be filed with the executive director on behalf of a group of landowners as
				  provided in subsection (b) of this section and shall contain a petition as
				  described in subsection (b) of this section, supporting information as
				  described in subsection (c) of this section, the name and address of a
				  representative designated by the group of landowners for contact purposes, and
				  a $700 non-refundable submittal fee at the time the petition is
				  filed.
(b) Groundwater conservation
				  district petition. A complete district creation petition must be signed by the
				  majority of the landowners in the proposed district or, if there are more than
				  50 landowners, at least 50 of those landowners. A complete petition must
				  include the following:
(1) the name of the
				  proposed GCD;
(2) the area and
				  boundaries of the proposed district, including a map generally outlining the
				  boundaries of the proposed district;
(3) the purpose or purposes of the proposed
				  district;
(4) if any proposed
				  projects are to be funded by the issuance of bonds or notes, a statement of the
				  general nature of the projects proposed to be undertaken by the proposed
				  district, the necessity and feasibility of the work, and the estimated cost of
				  those projects according to the petitioners;
(5) the names of at least five individuals
				  qualified to serve as temporary directors; and
(6) financial information, including the
				  projected maintenance tax or production fee rate and a proposed budget of
				  revenues and expenses for the proposed district.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.19 - Commission-Initiated Creation of a Groundwater Conservation District in a Priority Groundwater Management Area

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  priority groundwater management areas (PGMAs) designated after September 1,
				  2001 under §
										294.42
				  of this title (relating to Commission Action Concerning PGMA Designation),
				  where no groundwater conservation district (GCD) has been created, the
				  executive director shall, after identifying the applicable areas under §
										294.43(d)
				  and (e) of this title (relating to Actions
				  Required After PGMA Designation), recommend district creation for commission
				  action.
(1) The recommendation shall be based
				  on and consistent with the commission's designation order under §
											294.42
				  of this title. The executive director's recommendation, in the form of a
				  proposed order, must provide for the purpose, boundary description, minimum
				  financing, and the number of temporary directors for each county for the
				  district.
(2) The executive
				  director's proposed order shall be filed with the chief clerk for commission
				  consideration. The executive director shall prepare a notice and include a
				  mailing list of:
(A) water stakeholders that
				  include the governing body of each county, regional water planning group,
				  adjacent GCD, municipality, river authority, water district, or other entity
				  that supplies public drinking water, including each holder of a certificate of
				  convenience and necessity issued by the commission and each irrigation district
				  located either in whole or in part in the proposed district; and
(B) any other persons identified in the PGMA
				  designation hearing.
(3)
				  The chief clerk shall give notice of the executive director's recommendation
				  and proposed order and the date of the agenda when the commission will act on
				  the district creation to the water stakeholders and other persons identified in
				  the PGMA designation hearing. The commission shall not hold an evidentiary
				  hearing on the district creation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.20 - Records and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  groundwater conservation district created according to Texas Water Code (TWC),
				  Chapter 36 shall comply with the statute. Districts created by special acts of
				  the Texas Legislature must comply with all statutory requirements contained in
				  the special act and with the provisions of TWC, Chapter 36 that do not conflict
				  with the special act.
(b) Districts
				  are required to submit to the executive director the following documents:
(1) a certified copy of the legislative act
				  creating the district within 60 days after the district is created;
(2) a certified copy of the order of the
				  district's board of directors canvassing the confirmation election and
				  declaring the confirmation election results according to TWC, §
											36.017(e);
(3) a certified copy of the order of the
				  district's board of directors changing the boundaries of the district, a metes
				  and bounds description of the boundary change, and a detailed map showing the
				  boundary change within 60 days after the date of any boundary change;
				  and
(4) a written notification to
				  the executive director of the name, mailing address, and date of expiration of
				  term of office of any elected or appointed director within 30 days after the
				  date of the election or appointment according to TWC, §
											36.054(e).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.21 - Expansion of an Existing Groundwater Conservation District's Management Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Any groundwater
				  conservation district created by the commission under Texas Water Code (TWC),
				  Chapter 36, to manage a specific groundwater resource may expand its authority
				  to manage other water-bearing formations which are within its territorial
				  boundaries by filing a petition with the commission to amend the order creating
				  the district.
(b) The petition to
				  amend the order creating the district shall describe which water-bearing
				  formations are being proposed for management, specifically addressing the
				  following criteria:
(1) identify the new
				  water-bearing formation which is the subject of the petition and its areal
				  extent within the district, including a map if different from the boundaries of
				  the district;
(2) evaluate and
				  describe how expanding the district's authority to manage the other
				  water-bearing formations will provide for the effective management of
				  groundwater resources in the district;
(3) identify the nature of projects and
				  management issues to be undertaken to address concerns of the water-bearing
				  formation, including necessity and feasibility of the work.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.22 - Noncompliance Review and Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to set out procedures for commission review of groundwater conservation
				  district (GCD) noncompliance with requirements of Texas Water Code (TWC),
				  Chapter 36. This section provides a process for a GCD to achieve compliance,
				  enforcement procedures if compliance is not achieved, and commission
				  enforcement actions. Management plan noncompliance review and commission action
				  are required under TWC as the result of a GCD's failure to:
(1) adopt a management plan in accordance
				  with TWC, §
											36.1071 and
				  §
											36.1072
				  and submit the plan for review and approval to the executive administrator of
				  the Texas Water Development Board within three years of either the effective
				  date of creation of the district or the date the district was confirmed by
				  election if an election was required;
(2) receive within 60 days of submittal,
				  written approval from the executive administrator of the Texas Water
				  Development Board for a management plan, an amended management plan, or a
				  readopted management plan as provided by TWC, §
											36.1072
				  and §
											36.1073;
(3)readopt and resubmit the management plan
				  for review and approval to the executive administrator of the Texas Water
				  Development Board at least once every five years after the date of the most
				  recent management plan approval;
(4) be actively engaged and operational in
				  achieving the objectives of its groundwater management plan based on the State
				  Auditor's Office review of the district's performance as provided by TWC,
				  §
											36.302;
				  or
(5) adopt, implement, or enforce
				  district management plans and rules to protect groundwater as evidenced in a
				  report prepared by a commission-appointed review panel as provided by TWC,
				  §
											36.3011
				  and §
											293.23
				  of this title (relating to Petition Requesting Commission Inquiry).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter C - SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS › Section 293.23 - Petition Requesting Commission Inquiry

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and applicability. This section
				  provides procedures for commission review of a petition filed by an affected
				  person requesting an inquiry into a groundwater conservation district's (GCD)
				  activities regarding management planning or rules; commission appointment of
				  the review panel; review panel actions; and executive director actions under
				  Texas Water Code (TWC), §
										36.3011.
				  An affected person means, with respect to a management area:
(1) an owner of land in the management
				  area;
(2) a GCD or subsidence
				  district in or adjacent to the management area;
(3) a regional water planning group with a
				  water management strategy in the management area;
(4) a person who holds or is applying for a
				  permit from a district in the management area; or
(5) a person with a legally defined interest
				  in groundwater in the management area.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter D - APPOINTMENT OF DIRECTORS › Section 293.31 - Appointment of Directors

Current through Reg. 49, No. 28; July 12, 2024
At the time the commission issues an order granting the
					 petition for creation of a district, and at other relevant times as may be
					 provided by law, the commission shall appoint the appropriate number of
					 directors who shall serve until their successors are elected, or appointed, and
					 qualified.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter D - APPOINTMENT OF DIRECTORS › Section 293.32 - Qualifications of Directors

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise provided, an applicant for appointment as a director must be at least
				  18 years old, a resident citizen of Texas, and either own land subject to
				  taxation in the district or be a qualified voter within the district.
(1) A director of a fresh water supply
				  district created under Texas Water Code (TWC), Chapter 53:
(A) must be:
(i) a resident of this state;
(ii) an owner of taxable property in the
				  district; and
(iii) at least 18
				  years of age; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter D - APPOINTMENT OF DIRECTORS › Section 293.33 - Commission Appointment of Directors to Fill Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may appoint a director or
				  directors to fill a vacancy or vacancies on the board of:
(1) a district that is subject to commission
				  bond review under Texas Water Code, §
											49.181
				  if the number of directors is reduced to fewer than a majority or if a vacancy
				  continues beyond the 90th day after it occurs, as provided by Texas Water Code,
				  §
											49.105(c);
				  and
(2) other districts where
				  specifically provided by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter D - APPOINTMENT OF DIRECTORS › Section 293.34 - Form of Affidavit for Appointment as Director

Current through Reg. 49, No. 28; July 12, 2024
The following form of affidavit must be completed,
					 executed, and filed with the chief clerk at least ten working days prior to the
					 commission hearing on the appointment of such directors.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter D - APPOINTMENT OF DIRECTORS › Section 293.35 - Reinstatement of a Board Member

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a board by unanimous vote of its remaining members has removed a board member
				  pursuant to Water Code, §
										49.052(g),
				  that board member may submit a written appeal to the executive director within
				  30 days after receiving written notice of the board action. The commission may
				  reinstate a removed director if the commission finds that the removal was
				  unwarranted under the circumstances, including the reasons for absences, the
				  time and place of the meetings missed, the business conducted at the meetings
				  missed, and any other facts or circumstances the commission may deem
				  relevant.
(b) A removed board
				  member desiring to appeal the decision of the district's board of directors
				  shall submit an application to the executive director. The application shall
				  consist of the following:
(1) a written
				  request by the removed board member requesting commission review;
(2) an application fee of $100;
(3) copies of the district's board meeting
				  minutes for the 12 months prior to the date of the board member's
				  removal;
(4) a statement as to why
				  the removed board member believes that his/her removal was unwarranted, along
				  with supporting documentation to support the statement, including the reasons
				  for absences, the time and place of the meetings missed, the business conducted
				  at the meetings missed, and any other relevant facts or circumstances;
				  and
(5) such other information
				  which the commission considers material to a determination of whether the
				  removed board member should be reinstated as a director of the district or the
				  district's actions in removing the board member were warranted and
				  reasonable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.41 - Approval of Projects and Issuance of Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) Bonds, as referred to in this subchapter,
				  include any bonds authorized to be issued by the Texas Water Code (TWC) or
				  special statute, and are represented by an instrument issued in bearer or
				  registered form. This section does not apply to:
(1) refunding bonds, if the commission issued
				  an order approving the issuance of the bonds or notes that originally financed
				  the project;
(2) refunding bonds
				  that are issued by a district under an agreement between the district and a
				  municipality allowing the issuance of the district's bonds to refund bonds
				  issued by the municipality to pay the cost of financing facilities;
(3) bonds issued to and approved by the
				  Farmers Home Administration, the United States Department of Agriculture, the
				  North American Development Bank, or the Texas Water Development Board, or
				  successor agencies;
(4) refunding
				  bonds issued to refund bonds described by paragraph (3) of this
				  subsection;
(5) bonds issued by a
				  public utility agency created under Local Government Code, Chapter 572, any of
				  the public entities participating in which are districts, if at least one of
				  those districts is a district described by subsection (d)(1)(E) of this
				  section; or
(6) bonds issued by a
				  district to finance a project for which the commission has not adopted rules
				  requiring review and approval.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.43 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
For the approval of projects and the issuance of bonds, a
					 district shall submit:
(1) an
				  application including the subject matter contained in Water Code, §
										49.181,
				  together with the materials required by Water Code, §
										36.171(b)
				  for Groundwater Conservation Districts; the Texas Water Code, §
										54.037,
				  for Regional Plan Implementation Agencies; and the Texas Water Code, §
										12.082,
				  for Freshwater Supply Districts;
(2) a certified copy of the district board's
				  resolution authorizing submission of application for bond issuance;
(3) evidence acceptable to the executive
				  director of compliance with Water Code, §
										49.010,
				  and, if applicable, Water Code, §
										54.016, and Texas
				  Local Government Code, §
										42.042,
				  including consent by any city having extraterritorial jurisdiction, if not
				  previously provided to the commission, and referencing the appropriate petition
				  or bond application if these documents have been previously provided;
(4) a filing fee of $500 plus the cost of any
				  required notice;
(5) a bond
				  application report in accordance with the applicable provisions of the "Bond
				  Application Report Format" manual adopted by the executive director, and
				  currently in effect, which manual shall be subject to revision, as deemed
				  necessary by the executive director; and
(6) additional data and information as the
				  executive director or the commission may deem necessary and pertinent to the
				  bond application under consideration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.45 - Action of the Commission and Bond Proceeds Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may by order dismiss an
				  application for lack of prosecution or failure to comply with the regulations
				  of the commission, allow the applicant to withdraw the application, or approve
				  or deny the project and the issuance of bonds therefore. Upon issuing such an
				  order, the commission shall forward certified copies to the applicant and the
				  attorney general of Texas. District compliance with any special condition in
				  the order approving engineering project and issuance of bonds, as executed by
				  the commission, is mandatory. Unless bids are received and accepted for sale of
				  the bonds within one year of the effective date of the commission's order
				  approving the bonds, the district may not proceed with the sale of such bonds
				  without executive director approval of an application for an extension of time
				  meeting the requirements of §
										293.87
				  of this title (relating to Application for Extension of Time To Sell Bonds).
				  Under no circumstances shall a commission order approving a bond issue be
				  extended beyond three years from the date of the commission order originally
				  approving the bonds.
(b) If the
				  bonds are approved by the commission, the district shall pay to the commission
				  by check 0.25% of the principal amount of the bonds actually issued not later
				  than the seventh business day after receipt of the bond proceeds. The
				  commission may allow the district to pay a lesser amount if it determines that
				  the circumstances surrounding a particular bond issue justify a lesser
				  amount.
(c) The commission may
				  condition the approval on any terms or conditions considered appropriate by the
				  commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.47 - Thirty Percent of District Construction Costs to be Paid by Developer

Current through Reg. 49, No. 28; July 12, 2024
(a) It has been
				  determined by experience that some portion of the cost of district water,
				  wastewater, drainage, and recreational facilities in certain districts should
				  be paid by a developer to insure the feasibility of the construction projects
				  of such districts. Accordingly, this section applies to all districts except:
(1) a district which has a ratio of debt
				  (including proposed debt) to certified assessed valuation of 10% or less;
				  provided, however, that any bond issue proposed to be exempted on this basis
				  must include funds to provide sufficient capacity in facilities exempted in
				  subsection (d) of this section to serve all connections upon which the
				  feasibility is based or to be financed by the bond issue;
(2) a district which obtains an acceptable
				  credit rating on its proposed bond issue pursuant to the provisions
				  hereof;
(3) a district which
				  obtains a credit enhanced rating on its proposed bond issue and which the
				  executive director, in his discretion, finds to be feasible and justified,
				  based upon satisfactory evidence submitted by the district, without such
				  developer contribution; or
(4) a
				  district which has entered into a strategic partnership agreement, interlocal
				  agreement, or other contract with a political subdivision or an entity created
				  to act on behalf of a political subdivision under which the political
				  subdivision or other entity has agreed to provide sales and use taxes or other
				  revenues generated by a project to the district as consideration for the
				  district's development or acquisition of water, wastewater, and drainage
				  facilities and:
(A) water, sewer, drainage,
				  and street and road construction are complete in accordance with
				  §293.59(k)(6)(A) - (E) of this title (relating to Economic Feasibility of
				  Project);
(B) the projected value
				  of houses, buildings, and/or other improvements are complete in accordance with
				  §
												293.59(k)(7)
				  of this title;
(C) the district can
				  demonstrate a history of revenue generated by the project;
(D) the district's projected ad valorem tax
				  rate necessary to amortize the district's debt at the district's current
				  assessed valuation after accounting for the contract payments pledged to the
				  district's debt would be equal to or less than the projected ad valorem tax
				  rate for a district with an assessed valuation sufficient to qualify under
				  paragraph (1) of this subsection; and
(E) the district's combined no-growth tax
				  rate does not exceed the amounts prescribed in §
												293.59(k)(11)(C)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.49 - Document Identification

Current through Reg. 49, No. 28; July 12, 2024
All correspondence, plans, and specifications, monthly pay
					 estimates, and other documents, submitted to the executive director shall be
					 identified by the district's name, related bond issue amount, and date of
					 commission approval.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.50 - Developer Interest Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  developer may be reimbursed by a district for interest accrued for a period of
				  up to two years after the final payment by the developer on approved
				  construction pay estimates, professional fees, and attendant nonconstruction
				  costs paid by a developer for providing facilities in anticipation of sale to
				  such district. If final payment on a construction contract is 95% complete, the
				  initiation of the two year interest accrual period will be six months from the
				  date the contract is 95% complete, unless the developer can demonstrate a
				  genuine contractual dispute with the contractor, or other extenuating reasons,
				  as determined by the commission. The interest rate shall not exceed the net
				  effective interest rate on the bonds sold, or the interest rate actually paid
				  by the developer for loans obtained for this purpose, whichever is less. If a
				  developer uses its own funds rather than borrowed funds, the net effective
				  interest rate on the bonds sold shall be applied.
(b) If reimbursement for accrued interest for
				  a period of more than two years after the completion date allowed in subsection
				  (a) of this section is requested by a district, and if no interest
				  reimbursement has occurred, additional accrued interest up to five years from
				  the completion date of the construction contracts including related
				  professional fees and nonconstruction costs may be allowed if deemed feasible
				  by the commission, and if:
(1) the actual
				  costs incurred by the developer plus the total allowed interest does not exceed
				  present day costs for the facilities at the time of purchase; or
(2) the aggregate of the amounts included in
				  such district's bond issue for accrued developer interest for such two-year
				  period, any proposed additional accrued developer interest, any accrued
				  interest on outstanding bond anticipation note(s) of such district, and any
				  capitalized interest on such bond issue does not exceed an amount equal to four
				  years' interest on the total bond issue, said interest rate to be calculated on
				  the basis of the net effective interest rate at which the bonds are actually
				  sold; provided, however, that unless specifically requested by the district,
				  recommended in writing by the district's financial advisor, and approved by the
				  commission, a district bond issue including additional accrued developer
				  interest pursuant to this subsection shall not provide for capitalized interest
				  on such issue for a period of less than one year.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.51 - Land and Easement Acquisition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Water, sanitary sewer, storm sewer, drainage, and recreational facilities
				  easements. All easements required within a district's boundaries for water
				  lines; sanitary sewer lines; storm sewer lines; sanitary control at water
				  plants; noise and odor control at wastewater treatment plants; the right-of-way
				  necessary for a drainage swale or ditch constructed generally along a street or
				  road in lieu of a storm sewer; recreational facilities; and the right-of-way
				  area required by governmental jurisdictions for streets that are used for
				  recreational facilities, shall be dedicated to the district or the public by
				  the developer without payment or reimbursement from the district. If any
				  easements are required for such facilities on land not owned by a developer in
				  the district, the district may acquire such land at its appraised market value,
				  and may also pay legal, engineering, surveying, or court fees and expenses
				  incurred in acquiring such land, and §
										293.47
				  of this title (relating to Thirty Percent of District Construction Costs to be
				  Paid by Developer) shall not apply to such acquisition.
(b) Land acquisition. A district may acquire
				  the following in fee simple from any person, including the developer, in
				  accordance with this section, and §
										293.47
				  of this title shall not apply to such acquisition:
(1) plant sites, including required sanitary
				  control at water plants and noise and odor control at wastewater treatment
				  plants;
(2) lift or pump station
				  sites;
(3) drainage channels other
				  than those described in subsection (a) of this section and other than those
				  which are natural waterways with defined bed and banks;
(4) detention/retention pond sites;
(5) levees;
(6) mitigation sites for compliance with
				  flood plain regulation and wetlands regulation or payments in lieu of
				  mitigation;
(7) mitigation sites
				  for compliance with endangered species permits or payments in lieu of
				  mitigation, the cost of which shall be shared between the district and the
				  developer as provided in §
											293.44(a)(22)
				  of this title (relating to Special Considerations); or
(8) recreational facility sites that are
				  outside of the right-of-way required by governmental jurisdictions to be
				  dedicated for streets and roads.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.52 - Storm Water Detention Facilities

Current through Reg. 49, No. 28; July 12, 2024
A district may use bond proceeds to acquire or construct
					 storm water detention facilities, as part of an authorized district project the
					 cost of which shall be subject to developer contribution under the provisions
					 of §
										293.47
					 of this title (relating to Thirty Percent of District Construction Costs To Be
					 Paid by Developer) unless the district or the project is exempt under such
					 regulation, provided:
(1) the storm
				  water detention facilities are either necessary as an alternative to the
				  drainage channel improvements in that channel improvements will not provide
				  adequate drainage to all or any portion of the land within the district, or
				  cost effective as opposed to alternative drainage improvements, or required by
				  a public entity having drainage jurisdictional responsibility;
(2) the facilities are designed and
				  constructed so as to be capable of attenuating only the flood water quantity
				  produced by the differences between the postdevelopment peak rate of runoff and
				  the predevelopment peak rate of runoff, such differential being based on design
				  criteria established by the responsible jurisdictional public entity, if
				  available, unless the local political subdivision with drainage jurisdiction
				  justified to the commission the approval of district costs based on criteria
				  different from this criteria; and
(3) all required permits and approvals are
				  obtained prior to construction of the storm water detention facilities,
				  including without limitation, any permits required by the United States Corps
				  of Engineers and any approvals required by any city within whose
				  extraterritorial jurisdiction the district lies, the county engineer, any flood
				  control district, the United States Corps of Engineers, and any necessary
				  approval of the commission under the Texas Water Code, §
										16.236.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.53 - District Participation in Regional Drainage Systems

Current through Reg. 49, No. 28; July 12, 2024
A district may use bond proceeds to pay assessments or
					 charges for capacity in regional stormwater management systems, subject to
					 developer contribution under the provision of §
										293.47
					 of this title (relating to Thirty Percent of District Construction Costs To Be
					 Paid by Developer), unless the district or the project is exempt under §
										293.47
					 of this title (relating to Thirty Percent of District Construction Costs To Be
					 Paid by Developer), provided:
(1) the
				  regional stormwater system has been adopted by a public entity having drainage
				  jurisdiction and regulatory authority over the construction of drainage
				  improvements;
(2) participation in
				  the regional system is required by the public entity having drainage
				  jurisdiction to mitigate the impact of district development activity on flood
				  potential and is required in lieu of any other drainage facilities within or
				  outside of the district that could be constructed directly by the district for
				  the same purpose;
(3) the cost of
				  participation in the regional system is uniform over a given watershed or
				  planning area and is established by the regulatory body of the public entity
				  having drainage jurisdiction based on engineering studies of the proposed
				  regional facilities required. Such studies should show that the charge for
				  capacity in the regional system is comparable to the cost of alternative
				  facilities constructed by individual districts, averaged throughout the
				  watershed; and
(4) the right to the
				  capacity in the regional system purchased by the district is established by
				  contract with the public entity having drainage jurisdiction.