reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter H - REPORTS › Section 293.95 - Access to and Maintenance of District Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing board of each district
				  shall ensure that the minutes of governing board meetings and the district's
				  accounting records are prepared on a timely basis and maintained in an orderly
				  manner throughout the district's fiscal year in accordance with the guidelines
				  set forth in the publication Water District Accounting Manual. Each district
				  shall preserve its minutes, contracts, notices, accounts, and all other records
				  or certified copies thereof in a safe place, suitable for public inspection.
				  All records, including the fiscal records, shall be available for public
				  inspection during regular business hours. A district's fiscal records may be
				  removed from the district's office for the purpose of recording its fiscal
				  affairs and for preparing an audit, during which time the fiscal records are
				  under the control of the district's auditor. Those districts proposing to
				  provide or actually providing water and wastewater services or either of these
				  services to household users as the principal function of the district and
				  having at least 100 qualified electors residing in the district shall maintain
				  all district fiscal records in a district office located in the
				  district.
(b) Each district,
				  whether active or dormant, shall maintain records sufficient to determine
				  amounts paid by a developer or others to any other party or parties, on behalf
				  of the district. Such payments shall be disclosed in all of the audit reports,
				  financial reports, or financial dormancy affidavits that are required to be
				  filed by subsections (c), (e), and (f) of this section.
(c) Districts using proprietary funds (e.g.,
				  enterprise funds) in their audited financial statements shall provide
				  sufficient supplemental information to demonstrate compliance with all legal
				  restrictions on the use of district monies. Such supplemental information shall
				  be shown on the format included in the "Annual Audit Report
				  Requirements."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter H - REPORTS › Section 293.97 - Adoption of Fiscal Year and Operating Budget

Current through Reg. 49, No. 28; July 12, 2024
(a) Fiscal year. Within 30 days after a
				  district becomes financially active, the governing board of that district shall
				  adopt a fiscal year by a formal board resolution and so note it in the
				  district's minutes. The president or chairman of the governing board, a member
				  of the board designated by the presiding officer, or the attorney representing
				  the district shall notify the executive director of the adopted fiscal year
				  within 30 days after adoption. The fiscal year adopted and used for reporting
				  the district's annual financial report shall be used to account for all the
				  district's financial per annum statutory limitations.
(b) Operating budget. Prior to the start of a
				  fiscal year, the governing board of each active district shall adopt an
				  operating budget for the upcoming fiscal year. The adopted budget and any
				  subsequent amendments shall be passed and approved by a resolution of the
				  governing board and shall be made a part of the governing board minutes. Budget
				  amendments may be made from time to time in the discretion of the governing
				  board. The adopted budget is not a spending limitation imposed by the
				  commission. However, the governing board may adopt rules to limit the spending
				  authority of the district officers in relation to the budget. A comparison of
				  the actual operating results to the adopted budget, as amended, shall be
				  presented in the annual report of each district. The budgetary comparison
				  statement shall be included either within the audited financial statements or
				  within a supplementary section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter I - DISTRICT NAME CHANGES AND POSTING SIGNS › Section 293.101 - Posting Signs in the District

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any district which is providing or proposing to provide as the district's
				  principal function, water, wastewater, drainage, flood control or protection
				  facilities or services, or any of these facilities or services that have been
				  financed or are proposed to be financed with bonds of the district payable in
				  whole or part from taxes of the district, or by imposition of a standby fee, if
				  any, to household or commercial users, other than agricultural, irrigation, or
				  industrial users, and which district includes less than all the territory in at
				  least one county and which, if located within the corporate area of a city,
				  includes less than 75% of the incorporated area of the city or which is located
				  outside the corporate area of a city in whole or in substantial part, shall
				  within 30 days after the creation, whether by commission order, county
				  commissioner's court, or act of the legislature, of the district, post signs
				  indicating the existence of the district at two or more principal entrances to
				  the district.
(b) Detailed sign
				  specifications as to location, format, size, and materials may be obtained from
				  the executive director on request at no charge.
(c) Within 10 days following the installation
				  of the signs, the district shall submit a statement to the executive director
				  indicating the location of the signs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter I - DISTRICT NAME CHANGES AND POSTING SIGNS › Section 293.102 - District Name Change

Current through Reg. 49, No. 28; July 12, 2024
(a) A district may
				  apply to the commission for approval of a name change.
(1) The district must have reasonable grounds
				  for requesting the change.
(2) The
				  new name must be generally descriptive of the location of the district followed
				  by the type of district as provided by the title of the chapter of the Texas
				  Water Code concerning the district. If a district is located wholly within one
				  county that contains more than one district of that type, the district may be
				  differentiated, if necessary by adding to the new name the proper consecutive
				  number. The new name may not be the same as the name of any other
				  district.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter I - DISTRICT NAME CHANGES AND POSTING SIGNS › Section 293.103 - Form of Notice for Name Change

Current through Reg. 49, No. 28; July 12, 2024
The following form may be used to provide notice of a name
					 change pursuant to §
										293.102(c)
					 of this title (relating to District Name Change):
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter J - UTILITY SYSTEM RULES AND REGULATIONS › Section 293.111 - Water and Wastewater Service Lines and Connection

Current through Reg. 49, No. 28; July 12, 2024
(a) All water districts which provide or
				  propose to provide water and wastewater service shall:
(1) adopt regulations governing the
				  construction of commercial and/or household service lines and connections to
				  the district's water and wastewater system;
(2) complete and have operable water and
				  wastewater lines and a treatment plant before any connections are
				  authorized;
(3) establish an
				  inspection program to ensure that all new commercial and household connections
				  are made in accordance with accepted construction practices prior to
				  authorizing covering (back fill) of the service line trench;
(4) require that the district's inspector
				  certify in writing that the connection was installed in accordance with
				  accepted construction practices and in compliance with the district's
				  regulations governing this type of work;
(5) submit for the executive director's
				  approval copies of its regulations, inspection procedures, method of
				  certification, and method of financing;
(6) upon submission of each bond application,
				  document to the executive director that a water and wastewater service
				  connection inspection program is in force for all new connections and that
				  certification by the district's inspector of compliance with district rules is
				  on file in the district's records.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter J - UTILITY SYSTEM RULES AND REGULATIONS › Section 293.112 - Water, Wastewater and Drainage Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) All water districts that provide or
				  propose to provide water or wastewater service to residential retail or
				  commercial customers shall adopt rules that require inspection and repair of
				  all damages to facilities the district is responsible for maintaining prior to
				  initiation of service. The rules must, at a minimum:
(1) require that the district's operator or
				  the district be notified prior to making any improvement or starting any
				  construction on property within the district if such improvement, construction
				  or equipment used in the construction will be within easements, rights-of-way
				  or property where district facilities are located;
(2) require that an inspection be completed
				  by the district's operator or the district to verify district facilities prior
				  to starting construction;
(3)
				  require that an inspection be completed by the district's operator or the
				  district to verify district facilities after completion of construction;
				  and
(4) require that any damages
				  found be repaired to the satisfaction of the district or that reimbursement for
				  repairs be made to the district before service is initiated.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter J - UTILITY SYSTEM RULES AND REGULATIONS › Section 293.113 - District and Water Supply Corporations' Authority Over Wastewater Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A district or
				  water supply corporation (WSC) that operates or proposes to operate a
				  wastewater collection system may prohibit by rule the installation of private
				  on-site wastewater holding or treatment facilities on land within the district
				  or the corporation's service area that is not served by the district's or
				  corporation's wastewater collection system. A district or WSC that has not
				  received funding under Texas Water Code, Chapter 17, Subchapter K, may not
				  require a property owner who has installed an on-site wastewater holding or
				  treatment facility before the adoption of the rule to connect to the district's
				  or corporation's wastewater collection system.
(b) A district or WSC that prohibits the
				  installation of private on-site wastewater facilities shall agree to reimburse
				  the owner of a residence the costs (engineering and construction) of connecting
				  the residence to the district's or corporation's wastewater collection system
				  if the distance along a public right-of-way or utility easement from the
				  nearest point of the district's or corporation's wastewater collection system
				  to the boundary line of the tract requiring wastewater collection services is
				  300 feet or more.
(c) This section
				  is applicable whether a district intends on operating facilities itself or
				  intends on conveying the facilities to a third party.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter K - FIRE DEPARTMENT PROJECTS › Section 293.122 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
Applicants shall submit all of the required data at one
					 time in one package. The application for fire department plan approval, and the
					 application for financing a fire department are separate applications.
					 Applications may be returned for completion if they do not satisfy the
					 requirements of this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter K - FIRE DEPARTMENT PROJECTS › Section 293.123 - Application Requirements for Fire Department Plan Approval

Current through Reg. 49, No. 28; July 12, 2024
Applications for fire department plan approval shall
					 include:
(1) application by the
				  district's board covering the subject matter contained in Water Code, §
										49.351, as
				  amended, and specifically identifying:
(A)
				  the method proposed for district fire protection: i.e. establishment of own
				  fire department, joint fire protection service between two or more districts,
				  or contract with others for fire fighting services; and
(B) the method proposed for financing the
				  project including, if applicable, the amount and type bonds (tax, revenue,
				  combination) proposed for issuance by the district;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter K - FIRE DEPARTMENT PROJECTS › Section 293.125 - Additional Data and Information

Current through Reg. 49, No. 28; July 12, 2024
Additional data and information may be required by the
					 executive director when deemed 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 L - DISSOLUTION OF DISTRICTS › Section 293.131 - Authorization for Dissolution of Water District by the Commission

Current through Reg. 49, No. 28; July 12, 2024
Texas Water Code (TWC), Chapter 49, Subchapters I and K,
					 §§49.321 - 49.327 authorize the commission to dissolve any district
					 as defined in TWC, §49.001(1), which is inactive for a period of five
					 consecutive years and has no outstanding bonded indebtedness.
(1) Proceedings for the dissolution of a
				  district may be initiated by the executive director upon his own initiative or
				  upon the receipt of an application filed with the executive director by the
				  owners of land or interests in land within the district which is sought to be
				  dissolved, a member or members of the board of directors of the district, or
				  any other party who can demonstrate an interest in having the district
				  dissolved.
(2) If the dissolution
				  is initiated by a party other than the executive director, the application must
				  include:
(A) a petition on the part of the
				  party requesting dissolution including a statement of the reasons that a
				  dissolution is desirable or necessary;
(B) a statement that the district has been
				  financially dormant for the preceding five-year period for water districts and
				  has performed no functions for the five preceding years and has no outstanding
				  bonded indebtedness;
(C) certified
				  copies of dormancy affidavits submitted pursuant to TWC, §49.197, for five
				  years for water districts preceding the year in which the application is
				  submitted;
(D) evidence that the
				  district has no outstanding bonded indebtedness may be filed as prepared
				  testimony with the application and may consist of statements or testimony from
				  the district's attorney, engineer, or officer and shall include an affidavit of
				  the state comptroller of public accounts certifying that the district has never
				  registered any bonds with the comptroller;
(E) list of assets and liabilities of the
				  district;
(F) evidence that all
				  landowners who have not signed the petition have been notified by mail of the
				  dissolution request. A certified tax roll for the district and certificate of
				  mailing executed by the postmaster would be sufficient evidence;
(G) a filing fee in the amount of $100;
				  and
(H) additional data and
				  information as the executive director or commission may deem necessary or
				  pertinent to the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.132 - Applications for Order without Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may adopt an order under
				  Texas Water Code (TWC), §49.324 without conducting a hearing if it
				  receives a petition under this section from the owners of the majority in value
				  of the land in the district, as shown by the most recent certified tax roll of
				  the central appraisal district of the county or counties in which the district
				  is located, or the board of directors of the district. A petition for
				  dissolution under this section must include the items required by
				  §293.131(2)(A) - (E), (G), and (H) of this title (relating to
				  Authorization for Dissolution of Water District by the Commission).
(b) Not later than the 10th day after the
				  date a complete petition is submitted under this section, the petitioners
				  shall:
(1) provide notice of the petition by
				  certified mail:
(A) to all the landowners in
				  the district, as shown by the most recent certified tax roll of the central
				  appraisal district of the county or counties in which the district is located,
				  who did not sign the petition; and
(B) if the petition was submitted by the
				  owners of a majority in value of the land in the district, to the board of
				  directors; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.133 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
For a dissolution that does not meet the provisions of
					 §
										293.132 of this
					 title (relating to Applications for Order without Hearing), notice of the
					 hearing upon the proposed dissolution of a district will be given by the chief
					 clerk and will describe the reasons for the proceeding, as required by Texas
					 Water Code, §
										49.322. The notice will be
					 published once each week for two consecutive weeks before the day of hearing in
					 a newspaper having general circulation in the county or counties in which the
					 district is located. The first publication will be 30 days before the day of
					 the hearing. Notice of the hearing will be given by the chief clerk by first
					 class mail addressed to the directors of the district according to the last
					 record on file with the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.134 - Investigation by the Staff of the Commission

Current through Reg. 49, No. 28; July 12, 2024
The executive director will examine the application and
					 the facts and circumstances contained in the application and prepare a written
					 report which will be filed with the chief clerk two weeks prior to the hearing
					 as prepared testimony. A copy of the written report will be mailed to any
					 landowner, director, or other interested party who has filed an application for
					 dissolution of the district or has requested notice of the hearing or otherwise
					 indicated an interest in the proceeding.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.135 - Order of Dissolution

Current through Reg. 49, No. 28; July 12, 2024
For districts created under Texas Water Code, Chapter 49,
					 following the hearing, or for an order without hearing, the commission or
					 executive director will enter an order that the district be dissolved if it
					 finds that the district has performed none of the functions for which it was
					 created for a period of five consecutive years before the day of the
					 proceeding, or petition, and the district has no outstanding bonded
					 indebtedness. The commission or executive director may enter an order that the
					 district not be dissolved if it finds that the application lacks sufficient
					 documentation. If the district is ordered dissolved, the order shall contain a
					 provision that the assets of the district shall escheat to the state of Texas
					 and shall be administered by the state treasurer and disposed of in the manner
					 provided by Texas Property Code, Chapter 74.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.136 - Certified Copy of Order to be Filed in the Deed Records

Current through Reg. 49, No. 28; July 12, 2024
The commission shall cause to be filed a certified copy of
					 the order of dissolution of the district in the deed records of the county or
					 counties in which the district is located. If the district was created by a
					 special act of the legislature, the commission shall cause to be filed a
					 certified copy of the order of dissolution with the secretary of state of the
					 state of Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter L - DISSOLUTION OF DISTRICTS › Section 293.137 - Filing Fee

Current through Reg. 49, No. 28; July 12, 2024
The fee for filing an application for the dissolution of a
					 water district is $100, plus the cost of required notice.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.141 - Standby Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Districts, as
				  defined by Water Code, §
										49.001, which provide
				  or propose to provide retail potable water, wastewater, or drainage services
				  may, with commission approval, adopt and levy standby fees.
(b) Standby fee, as authorized by Water Code,
				  §
										49.231, means a
				  charge, other than a tax, imposed on undeveloped property for the availability
				  of water, wastewater, or drainage facilities and services. Standby fee does not
				  mean an impact fee, tap fee, or a connection fee.
(c) Undeveloped property means a tract, lot
				  or reserve in the district to which no vertical improvements and water or
				  wastewater connections or drainage services have been made to serve the
				  property utilizing substantially the full amount of the capacity allocated to
				  the property as shown in the district's land development plan submitted with
				  creation applications, bond applications (including supporting documents) or by
				  written commitment and for which:
(1) any
				  portion of water, wastewater, or drainage facilities and services are
				  available;
(2) water supply or
				  wastewater treatment plant capacity or drainage capacity sufficient to serve
				  any portion of the property is available; or
(3) major water supply lines or wastewater
				  collection lines or major drainage outfall facilities with capacity sufficient
				  to serve any portion of the property are available.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.142 - Application Requirements for Imposition of Standby Fees To Be Used To Supplement the Debt Service Account

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Only those districts which meet the following criteria may seek approval from
				  the commission to use standby fee revenues to supplement the debt service
				  account:
(1) the district's combined tax rate
				  as defined under §
											293.59(f)
				  of this title (relating to Economic Feasibility of Projects) and calculated as
				  described in subsection (c)(1) of this section, excepting standby fees and
				  developer contribution, over the period over which standby fees are to be
				  levied exceeds those limits defined under §
											293.59(k)(3)
				  of this title, for the county in which the district is situated. Any increases
				  in assessed valuation used in calculating the combined projected tax rate shall
				  be based on historical growth rates experienced in the district; and
(2) the district's actual buildout is less
				  than the buildout projected under the most recent bond issue.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.143 - Application Requirements for Standby Fees to be Used to Supplement the Operation and Maintenance Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  calculating standby fees to be used to supplement the operation and maintenance
				  fund, the following definitions apply.
(1)
				  Connection, as used in this section, means a standardized measure of
				  consumption, use, generation, or discharge attributable to an individual unit
				  of development calculated in accordance with generally accepted engineering, or
				  planning standards. Connections shall be used to calculate the standby fee.
				  Connections may be described in terms of single family equivalent connections,
				  living unit of equivalents, or any other generally accepted unit of consumption
				  typically attributable to a single family household. The assumed population
				  equivalent per connection should be indicated.
(2) Active connection, as used in this
				  section, means a lot or tract with vertical improvements and a meter in service
				  for which water and/or wastewater usage is billed.
(3) Inactive connection, as used in this
				  section, means a lot or tract with existing vertical improvements, and where
				  water and/or wastewater connections were made but such service is not being
				  provided nor billed.
(4)
				  Undeveloped property (expressed in terms of connections), as used in this
				  section, means a tract, lot or reserve in the district to which no water or
				  wastewater connections or drainage services exist and for which:
(A) water, wastewater, or drainage facilities
				  and services are available;
(B)
				  water supply, wastewater treatment plant capacity, or drainage capacity
				  sufficient to serve any portion of the property is available; or
(C) major water supply lines, wastewater
				  collection lines, or drainage facilities with capacity sufficient to serve any
				  portion of the property are available.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.144 - Application Requirements for Imposition of Standby Fees To Supplement the Debt Service Account and the Operation and Maintenance Account

Current through Reg. 49, No. 28; July 12, 2024
Applications for standby fees to be used for both debt
					 service costs and operation and maintenance costs should distinguish between
					 that portion of the fee intended for debt service costs and that portion
					 intended for operation and maintenance costs. Each application requirement
					 listed under §
										293.142
					 of this title (relating to Application Requirements for Imposition of Standby
					 Fees To Be Used To Supplement the Debt Service Account) and §
										293.143
					 of this title (relating to Application Requirements for Standby Fees To Be Used
					 To Supplement the Operation and Maintenance Fund) should be addressed for that
					 portion intended for debt service and that portion intended for operation and
					 maintenance costs. Only one $100 filing fee is required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.145 - Public Notice 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 standby fees as required by §§
										293.141-293.144
				  of this title (relating to Standby Fees, Application Requirements for
				  Imposition of Standby Fees To Be Used To Supplement the Debt Service Account,
				  Application Requirements for Standby Fees To Be Used To Supplement the
				  Operation and Maintenance Fund, Application Requirements for Imposition of
				  Standby Fees To Supplement the Debt Service Account and the Operation and
				  Maintenance Account), the executive director shall notify the chief clerk that
				  the application is administratively complete.
(b) 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 and mailed 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 consider the application.
(2)
				  The district shall send, not later than the 30th day before the date of
				  consideration by the commission, copies of the notice by certified mail, return
				  receipt requested, to each owner of undeveloped property in the district
				  identified on the district's tax rolls. Notice must be provided by certified
				  mail, return receipt requested, to each mortgagee of record that has submitted
				  a written request to be informed of any application. The written request for
				  notice must include the name and address of the mortgagee, the name of the
				  property owner in the district, and a brief property description.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.146 - District Actions Following Approval of a Standby Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing board of the district
				  shall, within 30 days from the date of the adoption of a standby fee by the
				  district pursuant to commission order, cause a certified copy of the commission
				  order approving the standby fee and a certified copy of the district's order
				  adopting the standby fee to be recorded in the office of the county clerk of
				  each county in which a portion of the district lies.
(b) The governing board of the district
				  shall, within seven days from the date of the district's order adopting the
				  standby fees, submit to the executive director and file with the county clerk
				  of each county in which a portion of the district lies an update of the
				  information required by Water Code, §
										49.452.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.147 - Material Changes

Current through Reg. 49, No. 28; July 12, 2024
A developer or landowner who owns undeveloped property may
					 petition the commission to review its authorization of standby fees if there is
					 a material change in the financial condition of the district subsequent to the
					 commission's approval. The burden of proof will be on the landowner to show
					 that there has been a material change and that the district no longer meets
					 eligibility requirements set forth in §
										293.142
					 of this title (relating to Application Requirements for Imposition of Standby
					 Fees To Be Used To Supplement the Debt Service Account) and §
										293.143
					 of this title (relating to Application Requirements for Standby Fees To Be Used
					 To Supplement the Operation and Maintenance Fund) or that the amount of the
					 standby fee should be reduced. If the executive director is satisfied that the
					 landowner has presented a prima facie case, then the district will be required
					 to submit information and/or materials in rebuttal. Only if the landowner
					 presents a prima facie case to the executive director will the commission
					 review its authorization of a standby fee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.148 - Termination of Standby Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  approved standby fees other than those for drainage only shall cease and no
				  longer be valid or enforceable with respect to a particular lot or parcel at
				  the end of the current billing period, during which either a connection is made
				  to the district's water distribution system or wastewater collection system and
				  service is billed, or construction of the vertical improvements on such lot or
				  parcel is completed.
(b) Commission
				  approved standby fees for drainage only shall cease and no longer be valid or
				  enforceable with respect to a particular lot or parcel at the end of the
				  current billing period, during which construction of the vertical improvements
				  on such lot or parcel is completed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.149 - Deed Restrictions

Current through Reg. 49, No. 28; July 12, 2024
Standby fees and associated liens which inure to the
					 benefit of a district and are authorized by recorded deed restrictions or
					 covenants shall be enforceable in accordance with their terms and applicable
					 general law and shall not be subject to review or approval by the
					 commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter M - APPLICATION FOR APPROVAL OF STANDBY FEES › Section 293.150 - Variance Provision

Current through Reg. 49, No. 28; July 12, 2024
A district may request a variance to §
										293.142(a)
					 and (c) of this title (relating to
					 Application Requirements for Imposition of Standby Fees To Be Used To
					 Supplement the Debt Service Account) and §293.143(b), (c), and (d) of this
					 title (relating to Application Requirements for Standby Fees To Be Used To
					 Supplement the Operation and Maintenance Fund) if it does not meet the
					 guidelines contained in §
										293.142(a)
					 of this title or §
										293.143(b)
					 of this title; a majority of a district's board of directors finds by
					 resolution that the district would be justified in requesting a variance; the
					 fee was in place on August 28, 1989, and had been previously approved by the
					 commission; and the elimination of the fee would cause a significant increase
					 in the taxes or rates currently being assessed by the district. The district
					 will be responsible for providing sufficient documentation to justify any
					 request for a variance. The commission will only grant variances in exceptional
					 cases and may deny any request for a variance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.171 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise. Actual costs under paragraph (1)(A) and (B) of this section, as
					 determined by the district's governing board of directors, may include
					 non-construction expenses attributable to the design, permitting, financing,
					 and construction of those facilities, and reasonable interest on those costs
					 calculated at a rate not to exceed the net effective interest rate on any
					 district bonds issued to finance the facilities.
(1) Impact fee--A charge or assessment
				  imposed by a district against new development in order to generate revenue for
				  funding or recouping the costs of capital improvements or facility expansions
				  necessitated by and attributable to such new development. A charge or fee by a
				  district for construction, installation, or inspection of a tap or connection
				  to district water, wastewater, or drainage facilities, including all necessary
				  service lines and meters, for capacity in storm water detention or retention
				  facilities and related storm water conveyances, or for wholesale facilities
				  that serve such water, wastewater, drainage, or storm water detention or
				  retention facilities, shall not be deemed to be an impact fee under Local
				  Government Code, Chapter 395 if the charge or fee:
(A) does not exceed three times the actual
				  and reasonable costs to the district for such tap or connection;
(B) is made to a nontaxable entity for retail
				  or wholesale service, does not exceed the actual costs to the district for such
				  work and for all facilities that are necessary to provide district services to
				  such entity and that are financed or are to be financed in whole or in part by
				  tax-supported or revenue bonds of the district; or
(C) is made by a district for retail or
				  wholesale service on land that at the time of platting was not being provided
				  with water, wastewater, drainage, or storm water detention or retention service
				  by the district.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.172 - Information Required To Accompany Applications for Approval of Impact Fees

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Local Government Code, §
										395.080,
					 a district proposing to assess impact fees shall submit to the executive
					 director an application for review. Upon submission of an application for
					 review, the executive director has the responsibility for reviewing and the
					 commission has the responsibility for approving or denying impact fee requests
					 by all districts created pursuant to Article III, Section 52, or Article XVI,
					 Section 59, of the Texas Constitution. Each application submitted shall contain
					 the following:
(1) a $100 filing
				  fee;
(2) a certified board
				  resolution requesting approval of the impact fee and stating the amount of the
				  proposed fee;
(3) a capital
				  improvements plan report prepared, signed, and sealed by a professional
				  engineer registered to practice in the State of Texas and which identifies the
				  proposed capital improvements for which impact fees will be assessed and which
				  shall specifically include the following:
(A)
				  an accounting of the capacity of the existing facilities, the level of current
				  usage, the outstanding capacity commitments, and any unallocated excess
				  capacity. This information should be presented in terms of flows and in terms
				  of connections;
(B) an established
				  land use plan including both the number of connections and the method used in
				  determining the number of connections associated with each category of
				  development;
(C) a map of the
				  service area (on sheets not larger than 24 inches by 36 inches) which clearly:
(i) indicates the properties against which
				  the impact fees shall be assessed;
(ii) identifies proposed land uses;
(iii) identifies existing facilities
				  servicing the area including line sizes and approximate peak daily flow
				  capacities; and
(iv) identifies
				  proposed facilities necessary to serve the area including line sizes and
				  approximate peak daily flow capacities;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.173 - Impact Fee 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 impact fees as
				  required by §§
										293.171-293.172
				  of this title (relating to Definitions of Terms and Information Required To
				  Accompany Applications for Approval of Impact Fees), the executive director
				  shall notify the chief clerk that the application is administratively
				  complete.
(b) The chief clerk shall
				  send to the applicant a copy of a notice indicating that an application has
				  been received and notifying interested persons of the procedures for requesting
				  a public hearing. The notice shall also:
(1)
				  be of sufficient size to be easily legible;
(2) include an easily understandable map
				  showing the location of the district in relation to roads and other major
				  landmarks and designating the areas upon which impact fees will be
				  imposed;
(3) state the amount of
				  the impact fee; and
(4) state that
				  the impact fee application and supporting information are available for
				  inspection and copying in the commission's offices during regular business
				  hours and that the capital improvements plan is available for inspection and
				  copying at the district's office during regular business hours.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.174 - Commission Actions Following Consideration of the Impact Fee Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission finds that the impact fee is reasonable, equitable, and necessary as
				  a mechanism to finance improvements to serve the designated service area, the
				  commission shall approve the capital improvements plan and impact fee. The
				  commission may approve an impact fee amount that is different than the impact
				  fee amount requested in the application for commission approval; however, in no
				  event shall the commission approve an impact fee amount higher than the impact
				  fee amount contained in the notice required under §
										293.173(b)
				  of this title (relating to Impact Fee Notice Actions and
				  Requirements).
(b) The commission
				  shall issue an order defining the impact fee to be imposed based on evidence
				  presented.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.175 - Material Changes

Current through Reg. 49, No. 28; July 12, 2024
A district's capital improvements plan may be amended from
					 time to time as development needs of the district change; provided, however,
					 that to the extent that such amendments constitute a revision of the impact fee
					 structures, commission approval of the amended plan and impact fee shall be
					 required. A property owner affected by an impact fee may petition the
					 commission to review its authorization of impact fees if there is a substantial
					 amendment to or change in the conditions described in the capital improvements
					 plan subsequent to the commission's approval. The burden of proof will be on
					 the landowner to show that there has been a substantial change which would
					 materially change the amount or applicability of the impact fee. If the
					 executive director is satisfied that the landowner has presented a prima facie
					 case, the district will be required to submit information and/or materials in
					 rebuttal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter N - PETITION FOR APPROVAL OF IMPACT FEES › Section 293.176 - Prior Approval of Overlapping Impact Fees

Current through Reg. 49, No. 28; July 12, 2024
If a district is required to collect an impact fee for
					 another political subdivision which has complied with the procedures set out in
					 the Local Government Code, Chapter 395, then the district is not required to
					 seek further approval from the commission of the same fee. A test for applying
					 this section shall be that the district does not retain any portion of said
					 impact fee for its own use, but that it passes all such fees through to the
					 political subdivision which has adopted said impact fee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter O - APPEAL OF DECISION REGARDING FACILITIES CONSTRUCTED FOR A MUNICIPAL UTILITY DISTRICT › Section 293.180 - Appeal of a Decision of the Board of Municipal Utility District Regarding Facilities Constructed for the District

Current through Reg. 49, No. 28; July 12, 2024
(a) A person aggrieved by a decision of a
				  board of directors of a Municipal Utility District operating under the Water
				  Code, Chapter 54 may appeal a decision that involves the cost, purchase, or use
				  of improvements constructed by a developer for the district to the commission.
				  Before such an appeal will be considered the following must be submitted:
(1) A petition signed by the present or
				  former property owners affected by the decision of the district board of
				  directors must be filed with the chief clerk seeking appropriate relief within
				  30 days after the date of the decision. The petition shall contain:
(A) a statement describing the nature of the
				  dispute and how the board's decision affects the petitioner; and
(B) evidence that the decision involves the
				  cost, purchase, or use of improvements constructed by a developer for the
				  district;