reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.55 - Tax Anticipation Notes

Current through Reg. 49, No. 28; July 12, 2024
Tax anticipation notes may be issued by districts solely in
					 the manner and for the purposes described in Water Code, §
										49.154,
					 as amended. No tax anticipation notes shall be redeemed in whole or in part,
					 out of the proceeds of a district bond issue or one or more refunding tax
					 anticipation notes, bond anticipation or revenue notes. Such notes may bear
					 interest as provided by law; shall mature within one year of their date of
					 issuance; shall not be renewable or subject to extension of their maturity or
					 redeemable or refundable out of or exchangeable for additional tax anticipation
					 notes; and shall be secured by and paid solely out of the proceeds of taxes to
					 be levied and collected by the district in the 12-month period succeeding their
					 date of issuance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.56 - Requirements for Letters of Credit (LOC)

Current through Reg. 49, No. 28; July 12, 2024
(a) Any LOC submitted as a financial
				  guarantee for combined amounts greater than $10,000 and less than $250,000
				  pursuant to these rules must be from financial institutions which meet the
				  following qualifications:
(1) Qualifications
				  for Banks.
(A) Must be federally
				  insured;
(B) Sheshunoff rating must
				  be ten or better; and
(C) Total
				  assets must be at least fifty million dollars.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.57 - Form of Street and Utility Construction Agreement

Current through Reg. 49, No. 28; July 12, 2024
The following form is sufficient for use as a contract
					 between the developer and the district for street construction and paving and
					 may be adapted to utilities construction.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.58 - Interest Rate on Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) All bonds
				  approved by the commission shall be deemed fixed rate unless the commission
				  order specifically provides otherwise.
(b) The commission will consider variable
				  rate, variable rate demand, or other bonds on which the interest rate is not
				  permanently fixed on the date of sale only for districts that have a ratio of
				  assessed valuation to debt of at least 20 to 1. A district proposing to issue
				  bonds other than with fixed rates shall submit:
(1) a plan of financing specifying all major
				  terms of the plan;
(2) calculations
				  prepared by the district's financial advisor showing tax rate required under
				  the maximum interest rate allowed under the plan; and
(3) a resolution of the board of directors
				  acknowledging the tax rate required under the maximum interest rate allowed
				  under the finance plan and the district's willingness to levy such a tax if
				  required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.59 - Economic Feasibility of Project

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to determining the engineering
				  feasibility of a project, the commission shall also determine the economic
				  feasibility of each proposed bond issue, bond amendment, and extension of time
				  application for a bond issue. The staff of the commission shall use the following
				  sections in making economic feasibility analysis. In its written recommendations to
				  the commission, which analyze the particular application, the staff shall always
				  address the economic feasibility.
(b)
				  Economic feasibility is the determination of whether the land values, existing
				  improvements, and projected improvements in the district will be sufficient to
				  support a reasonable tax rate for debt service payments for existing and proposed
				  bond indebtedness while maintaining competitive utility rates. Utility rates that do
				  not exceed the rates of the largest city in the geographic area in which the
				  district is located are conclusively deemed to be competitive. Economic feasibility
				  is influenced by many factors and varies widely depending on economic conditions,
				  the real estate market, the number of competing projects, and geographic
				  location.
(c) Projected debt service tax
				  rate is the tax rate required to meet the projected annual debt service requirement
				  using projected assessed valuations and an appropriate tax collection rate. The
				  projected annual debt service requirement shall include the previous and proposed
				  debt. The projected debt service tax rate for any bond issue shall be shown in the
				  cash flow table as a level or decreasing tax rate.
(d) No-growth debt service tax rate is the tax
				  rate required to meet projected annual debt service requirements using the current
				  assessed value and a 100% tax collection rate. The current value is determined by
				  either:
(1) the most recent certificate of assessed
				  valuation from the central appraisal district; or
(2) a certificate of estimated assessed valuation
				  from the central appraisal district. Projected annual debt service requirements
				  shall include the previous and proposed debt. The no-growth debt service tax rate
				  for any bond issue shall be shown on the cash flow table as a level or decreasing
				  tax rate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.60 - Conditional Approval Based on Performance of a Developer in Other District Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission,
				  in evaluating an application by a district for approval to reimburse
				  construction funds to a developer, may consider the performance of the
				  developer or related or affiliated entities in other district projects and may
				  condition reimbursement on certain actions of the developer or related or
				  affiliated entities.
(1) Issues which may be
				  considered in evaluating the performance of a developer may include the past
				  history of the developer and related or affiliated entities with respect to:
(A) payment of financial obligations
				  including taxes, standby fees and other user fees to any district;
(B) devaluation of property values by
				  claiming special exemptions within any district after the commission's approval
				  of bonds in said district without compensating agreements with the
				  district;
(C) compliance with
				  commission rules and orders; and
(D) performance under agreements with any
				  district including, but not limited to, cost sharing and maintenance
				  agreements, street and road construction agreements, 30% cost participation
				  agreements, and financial guarantees.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter E - ISSUANCE OF BONDS › Section 293.61 - Bond Related Documents To Be Submitted to the Commission

Current through Reg. 49, No. 28; July 12, 2024
Every district required to obtain commission approval of
					 its projects relating to the issuance and sale of bonds as indicated in §
										293.41
					 of this title (relating to Approval of Projects and Issuance of Bonds), is
					 required to submit the following bond related reports and/or documents:
(1) If the commission directs funds from the
				  bond issue to be escrowed, a certified copy of the executed escrow agreement
				  with an authorized financial institution of the district's choice shall be
				  submitted within five days of that transaction.
(2) The district shall submit to the
				  executive director a copy of the final official statement within 30 days after
				  the final official statement is issued. The executed contract for the sale of
				  the bonds and debt service schedule shall be submitted to the executive
				  director within 30 days after execution of the contract.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.62 - Construction Related Documents To Be Submitted to the Agency

Current through Reg. 49, No. 28; July 12, 2024
Every district required to obtain commission approval of
					 its projects relating to the issuance and sale of bonds as indicated in §
										293.41
					 of this title (relating to Approval of Projects and Issuance of Bonds), is
					 required to submit the following construction related reports and/or
					 documents:
(1) Within 10 days after
				  construction contract execution, the district shall furnish to the appropriate
				  agency field office true copies of the following documents:
(A) notice to contractors (advertisement
				  affidavit for bids);
(B) addenda to
				  plans and specifications;
(C) bid
				  tabulation;
(D) engineer's letter
				  recommending award of contract;
(E)
				  executed contract and bid proposal documents with bonds; and
(F) notice to proceed (submit copy when
				  issued).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.63 - Contract Documents for Water District Projects

Current through Reg. 49, No. 28; July 12, 2024
Contract documents for water district construction projects
					 shall be prepared in general conformance with those adopted and recommended by
					 the Texas Section of the American Society of Civil Engineers (latest revision).
					 The following specific requirements must apply, unless otherwise provided by a
					 district's special law.
(1) All
				  contract documents shall be prepared in such a manner as to promote competitive
				  bidding and to ensure that all bids are prepared on a common basis.
(2) The instruction to bidders section of the
				  contract documents shall give special attention to the following items.
(A) The basis of award shall be clearly
				  defined. If alternate proposals are to be considered, the instructions to
				  bidders shall clearly state in which order the alternates will be considered in
				  determining the most advantageous bid. If two or more contracts are to be
				  awarded, the instructions to bidders shall clearly indicate if combined bids,
				  or tied bids, will be allowed, or if each contract will be awarded
				  separately.
(B) The contract should
				  clearly provide that alternate bids will not be considered, unless specifically
				  allowed by instructions to bidders and requested in the proposal
				  form.
(C) Specific notice shall be
				  given that qualifying statements or accompanying qualifying letters will be
				  cause for rejection of the bid.
(D)
				  Provision shall be made for prospective bidders to request additional
				  information, explanations, or interpretations regarding contract documents
				  prior to the bid opening. All requests and answers to all such requests shall
				  be given in writing. Answers will be in addendum form to all prospective
				  bidders.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.64 - Control of Work

Current through Reg. 49, No. 28; July 12, 2024
The governing board shall have control of contracts for
					 construction work being done for the district, and shall direct the district's
					 engineer to provide a qualified project representative to perform periodic or
					 continuous on-site observation of the progress and quality of the executed work
					 to determine if construction is in substantial accordance with and includes all
					 items in plans and specifications approved by the executive director. The scope
					 of work and construction schedules shall govern the amount of on-site
					 observation that is necessary to effectively monitor construction activities.
					 The governing board shall authorize the services of a resident project
					 representative if necessary to further protect the district against defects and
					 deficiencies in construction. The responsibility for determining the optimum
					 amount of on-site observation should remain with the consulting engineer who is
					 required during the progress of the construction work to submit to the
					 governing board and the executive director detailed written reports showing
					 whether or not the contractor is complying with the contract.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.65 - Commission Inspection

Current through Reg. 49, No. 28; July 12, 2024
The executive director or his designated representative may
					 inspect a district construction project at any time. When individual contracts
					 for construction are substantially complete, the engineer for the district will
					 notify the agency's regional office of date and time of final inspection. The
					 engineer will conduct, in company with the owner or his representative, a final
					 inspection of the work for conformance with the design concept and compliance
					 with the contract documents. The district shall not accept the project or
					 release the statutory retainage on partial payments until work is determined to
					 be in substantial compliance with plans and specifications as approved by the
					 executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.66 - Construction Deficiencies

Current through Reg. 49, No. 28; July 12, 2024
If inspection by the executive director reveals
					 construction deficiencies in facilities being installed, the engineer shall be
					 notified of such deficiencies. Upon verification of deficiencies, the engineer
					 for the district shall issue notice to the contractor. If the executive
					 director finds that the construction deficiencies are not corrected and/or the
					 project is not being constructed in accordance with approved plans and
					 specifications, it shall give written notice immediately by certified mail to
					 each member of the board of the district and the district's manager. If within
					 10 days after the notice is mailed, the board does not take steps to insure
					 that the project is being constructed in accordance with approved plans and
					 specifications, the executive director shall give written notice of this fact
					 to the attorney general of Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.67 - Project Completion and Acceptance by District

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon completion of the project, the
				  district's engineer shall submit to the governing board a final detailed report
				  including revised contract "as built" drawings showing the work as actually
				  constructed, and the engineer shall certify to the executive director that the
				  work was substantially completed in accordance with and includes all items in
				  plans and specifications submitted to, or approved by the executive
				  director.
(b) Prior to accepting
				  facilities for operation and maintenance, the district shall adopt rules as
				  required by §
										293.112
				  of this title (relating to Water, Wastewater and Drainage
				  Facilities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.68 - Document Identification

Current through Reg. 49, No. 28; July 12, 2024
All bond related documents submitted to the executive
					 director should be properly labeled in the upper right hand corner of the cover
					 page with the name of the district, amount of bonds approved which included
					 funding for the project and the date of approval. If the project is to be
					 funded by a future bond issue, state "future bond issue" under the name of the
					 district.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.69 - Purchase of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A district
				  shall not purchase facilities financed or constructed by a developer, investor
				  owned utility or water supply corporation in contemplation of sale to the
				  district or assume facility contracts from the developer or reimburse the
				  developer, investor owned utility or water supply corporation for funds
				  advanced to finance construction of facilities until the executive director has
				  given written authorization to finalize the purchase or reimbursement. Prior to
				  requesting authorization to purchase, the district shall require its engineer
				  to inspect the facilities and provide a written report of the condition of the
				  facilities as they relate to the plans and specifications and note any
				  deficiencies. A copy of the report must be submitted to the executive director
				  along with the request for authorization to purchase. The executive director
				  may inspect the facilities. Subject to the requirements contained in this
				  subsection, the executive director shall issue his written approval or
				  disapproval of such proposed purchase within 30 days after receipt of written
				  request from a district or a district's authorized representative. If
				  substantial deficiencies are found, the executive director may require the
				  district to obtain an appraisal reflecting the adjusted value of the deficient
				  facilities or deny purchase until repairs are made. The written approval shall
				  be valid for 120 days.
(b) If the
				  purchase of facilities or reimbursement of funds to the developer, investor
				  owned utility or water supply corporation is not completed within 120 days
				  after the date of the executive director's written approval, the district shall
				  again obtain the written approval as provided herein.
(c) If the purchase is for existing
				  facilities which have no active meters or connections (dormant), the following
				  shall apply:
(1) water lines shall be flushed
				  and disinfected to meet minimum standards as outlined in §
											290.44(f)
				  of this title (relating to Sanitary Precautions and Disinfection);
(2) water lines must have been pressure
				  tested within the two years prior to the purchase; and
(3) for wastewater lines, an infiltration,
				  exfiltration, or low-pressure air test is recommended and may be required if
				  the line has been dormant for the previous 12 months.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter F - DISTRICT ACTIONS RELATED TO CONSTRUCTION PROJECTS AND PURCHASE OF FACILITIES › Section 293.70 - Audit of Payments to Developer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to the payment of funds to a developer from bond proceeds, bond
				  anticipation note proceeds, funds to be derived from future bond proceeds, or
				  maintenance tax revenue the governing board of directors of the district shall
				  engage an auditor to perform certain agreed upon procedures applicable to all
				  items and amounts for which a reimbursement request has been received. The
				  auditor must be a certified public accountant or public accountant holding a
				  permit from the Texas State Board of Public Accountancy.
(b) As a minimum, the following procedures
				  shall be included to the extent applicable.
(1) All documentation supporting items,
				  amounts, and proof of payment for which reimbursement is requested shall be
				  reviewed.
(2) Interoffice
				  memoranda, orders, and rules of the commission relative to the reimbursement
				  request shall be reviewed.
(3) The
				  calculations of interest on amounts reimbursable are to be tested and
				  determined to be in accordance with interoffice memorandums, orders, and rules
				  of the commission.
(4) All items
				  and amounts shall be disclosed to and discussed with the district's attorney,
				  engineer, financial advisor, and bookkeeper.
(5) A determination shall be made that the
				  items and amounts to be reimbursed are appropriate and in accordance with
				  commitments or policies of the district and interoffice memorandums, orders and
				  rules of the commission as a result of the procedures followed and subject to
				  such limitations as may apply.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.80 - Revenue Notes

Current through Reg. 49, No. 28; July 12, 2024
(a) A district, as
				  defined by Texas Water Code (TWC), §49.001 may not execute a revenue note
				  as described by TWC, §49.153 for a term longer than three years unless
				  approved by the commission. This section does not apply to a note issued to and
				  approved by the Farmers Home Administration, the United States Department of
				  Agriculture, the Texas Water Development Board, North American Development
				  Bank, or successor agencies.
(b)
				  This section does not apply to special water authorities, as defined by TWC,
				  §49.001 or a district described by TWC, §49.181(h).
(c) Applications for commission approval of
				  revenue notes except as provided in subsection (d) of this section shall
				  include the following:
(1) a resolution by
				  the governing board requesting approval of the revenue note;
(2) documents indicating district ownership
				  of the facility;
(3) a detailed
				  explanation of the intended use and project to be financed, and complete
				  justification for the proposed revenue note;
(4) a copy of the district's current Rate
				  Order or Amended Rate Order;
(5) a
				  proposed amortization schedule for the revenue note;
(6) a draft of the proposed revenue
				  note;
(7) copies of the district's
				  current operating budget and estimates of revenues and expenses for the years
				  associated with the revenue note;
(8) copies of all existing notes, liens, or
				  judgements against revenues associated with the facility;
(9) an application fee in the amount of $100;
				  and
(10) other 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 G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.81 - Change Orders

Current through Reg. 49, No. 28; July 12, 2024
A change order is a change in plans, specifications, or
					 scope of work for construction work that is under contract. For purposes of
					 this section, a variation between estimated quantities and actual quantities or
					 use of supplemental items included in the bid where no change in plans and
					 specifications has occurred is not a change order.
(1) Districts are authorized to issue change
				  orders that are necessary or beneficial to the district as determined by the
				  district's board, which alter the plans, specifications, or scope of work in
				  the contract, subject to the following conditions.
(A) The aggregate of change orders that
				  increase the original contract price more than 25% may be issued only in
				  response to:
(i) unanticipated conditions
				  encountered during construction, repair, or renovation;
(ii) changes in regulatory criteria;
				  or
(iii) coordination with
				  construction of other political subdivisions or entities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.82 - Change in Project Scope or Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  change in project scope is a change in projects funded or a change in the land
				  use plan used to support the feasibility of a commission approved bond issue
				  which affects the central water or wastewater needs of the district or the
				  amount of financial guarantees required pursuant to commission rules and that
				  does not require an increase in the commission approved bond amount. All
				  applications for a change in the project scope shall include:
(1) a copy of a resolution or letter signed
				  by a majority of the governing board, indicating concurrence in the proposed
				  change;
(2) revised land use
				  plan;
(3) revised build-out
				  projections used to support the feasibility of the bond issue, if
				  changed;
(4) revised cash-flow
				  analysis, if revised build-out projections have caused a reduction in projected
				  assessed valuations;
(5) a complete
				  justification for the change;
(6)
				  the number of equivalent utility connections added or deleted by the
				  change;
(7) an engineer's
				  certification as to the availability and sufficiency of water supply and
				  wastewater treatment capacities to serve such additional connections;
(8) a draft of the revised financial
				  guarantee and an agreement between the district and developer, along with an
				  engineer's cost estimate to complete the required projects if a change in the
				  amount of financial guarantees is necessary to comply with commission
				  rules;
(9) a market study update if
				  one was required at the time of the bond approval and bonds have not been
				  issued and there has been a change in type of development;
(10) plans and specifications approved by all
				  entities having jurisdictional responsibilities;
(11) filing fee in the amount of $100;
				  and
(12) other information as the
				  executive director or commission may require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.83 - District Use of Surplus Funds for Any Purpose and Use of Maintenance Tax Revenue for Certain Purposes

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (c)(3) and (4) of this section, and as provided in
				  subsection (d) of this section, a district must receive approval from the
				  executive director before obligating the use of:
(1) surplus bond funds;
(2) interest earned on invested bond
				  proceeds, grants, or contributions by others for costs sharing of facilities
				  constructed with bond funds;
(3)
				  proceeds from the sale of property originally acquired with bond proceeds,
				  unless the proceeds are applied to retire the outstanding bonds of the
				  district; and
(4) litigation
				  settlements related to projects financed by bond proceeds.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.84 - District Use of Escrowed Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  district contemplating the use of agency-directed escrowed funds for a purpose
				  approved in the bond application must submit the following documents to the
				  executive director:
(1) a resolution by the
				  governing board or a letter from the board president requesting approval of the
				  expenditure;
(2) evidence that the
				  reason for escrow of such funds has been satisfied; and
(3) other information as the executive
				  director may require and requested within 10 days of receipt of application;
				  and
(4) a filing fee in the amount
				  of $100.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.85 - Change in Commission Approved Maturity Schedules, Commission Approved Tax Rates, or Increase in Commission Approved Bond Interest Rate

Current through Reg. 49, No. 28; July 12, 2024
(a) If a district
				  proposes an increase in a commission approved interest rate or a change in
				  maturity schedule which requires no increase in bond amount or change in the
				  commission approved tax rate, the district shall file a written statement with
				  the executive director signed by the board president indicating that no such
				  increase or change is required and shall provide a revised bond issue cost
				  summary. Under these conditions, no further approval is required.
(b) If a district proposes a change in a
				  commission approved interest rate or a change in maturity schedule which
				  requires an increase in the bond amount, approval of the commission of a bond
				  amendment by the district is required.
(c) If a district proposes a change in a
				  commission approved interest rate or maturity schedule which requires a change
				  in the commission approved tax rate, approval of the executive director is
				  required. To secure such approval, the district shall file the following:
(1) a resolution by the governing board
				  requesting approval of the change;
(2) a revised cost summary, if applicable,
				  projection of revenues and expenses, and amortization schedule, as
				  applicable;
(3) a detailed
				  explanation for the change;
(4) a
				  filing fee in the amount of $100; and
(5) other 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 G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.86 - Bond Amendment

Current through Reg. 49, No. 28; July 12, 2024
A bond amendment is a change in a commission approved bond
					 issue project that requires an increase in the approved bond amount.
					 Applications for bond amendments require commission approval and shall include
					 the following:
(1) a resolution by the
				  governing board requesting approval of the bond amendment;
(2) revisions to applicable required items
				  which were previously submitted pursuant to §
										293.43
				  of this title (relating to Application Requirements);
(3) a detailed explanation of the
				  amendment;
(4) a filing fee in the
				  amount of $100; and
(5) other
				  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 G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.87 - Application for Extension of Time to Sell Bonds

Current through Reg. 49, No. 28; July 12, 2024
An application to extend commission approval of a bond
					 issue must include the following:
(1)
				  a resolution by the governing board requesting the approval to extend
				  commission approval of the bond issue;
(2) updated build-out schedules if changed
				  from original projections;
(3)
				  market study update if a market study was required in original bond
				  application;
(4) revised table of
				  projected revenues and expenses;
(5) if the application includes a change in
				  the approved interest rate, maturity schedule or total bond amount, a revised
				  amortization table;
(6) if the
				  original approval did not contain funds for the 0.25% fee required under §
										293.45
				  of this title (relating to Action of the Commission and Bond Proceeds Fee),
				  applicant must submit a revised cost summary including such fee;
(7) a filing fee in the amount of $100;
				  and
(8) other 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 G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.88 - Petition for Authorization to Proceed in Federal Bankruptcy

Current through Reg. 49, No. 28; July 12, 2024
(a) A district desiring to proceed under the
				  Federal Bankruptcy Code, Chapter 9 (11 United
				  States Code, §§901 -
				  946)
				  or any other federal bankruptcy law shall submit an application requesting
				  authorization pursuant to Water Code, §
										49.456.
				  The application shall consist of the following:
(1) a certified copy of the resolution
				  adopted by the board of directors or other governing body requesting such
				  authorization;
(2) an application
				  fee of $100 plus the cost of required notice;
(3) a district status report with all
				  information current and certified within 30 days prior to the date of
				  submittal;
(4) a comparison of the
				  projections or assumptions of growth, taxes, revenues and expenses submitted to
				  the commission in connection with the approval of the bonds issued most
				  recently by the district, or, if commission approval was not required, the
				  projections or assumptions used by the district in connection with the bonds
				  most recently issued by the district, to the actual growth, taxes, revenues and
				  expenses;
(5) a description of the
				  reasons that, in the opinion of the governing body of the district, the
				  projections and assumptions used in connection with the most recent issue of
				  bonds were not realized and any other factors which have caused the district
				  financial difficulties;
(6) a
				  complete analysis of the tax rate, user fees or other charges or sources of
				  revenues that the district may lawfully impose that would be necessary in order
				  for the district to meet its debts and obligations as they become due and the
				  impact of such taxes and fees upon taxpayers and users within the
				  district;
(7) a complete analysis
				  of the reasons that the district cannot, through the full exercise of its
				  rights and powers under the laws of this state, reasonably expect to meet its
				  debts and other obligations as they mature;
(8) a statement of whether the district has
				  complied with the commission order, approving the issuance of bonds, and this
				  chapter;
(9) a list of the names
				  and addresses of all creditors of the district or a statement explaining the
				  reasons for the inability to obtain such a list and the efforts taken to
				  identify such creditors;
(10) the
				  plan of adjustment of the district's debt which it proposes to file in the
				  bankruptcy proceeding if the commission authorizes the district to proceed;
				  and
(11) such other information
				  which the commission considers material to a determination of whether
				  authorization to proceed in bankruptcy should be granted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.89 - Contract Tax Obligations

Current through Reg. 49, No. 28; July 12, 2024
(a) A district
				  that is required under Texas Water Code (TWC), §49.181 to obtain approval
				  by the commission of the issuance of bonds may not enter into an obligation
				  under TWC, §49.108 to collect taxes for debt that exceeds three years
				  unless approved by the executive director. This section does not apply to
				  contract taxes that are levied to pay for a district's share of bonds that have
				  been issued by another district and approved by the commission or for bonds
				  issued by a municipality.
(b)
				  Applications for commission approval of contract tax obligations shall include
				  the following:
(1) a resolution by the
				  governing board requesting approval of the contract;
(2) a copy of the proposed
				  contract;
(3) a detailed
				  explanation of the intended use and project to be financed, and complete
				  justification for the project to be financed;
(4) a proposed cash flow over the life of the
				  obligation which includes all debt obligations of the district;
(5) unless waived by the executive director,
				  if growth is used to support the projected tax rates, an independent market
				  study;
(6) if funds received under
				  the contract are proposed to reimburse a developer as defined in TWC,
				  §49.052(d), a complete Bond Application Report as described in §
											293.43(5)
				  of this title (relating to Application Requirements) for the issuance of bonds.
				  The reimbursement is subject to §§293.44, 293.46 - 293.53, 293.56,
				  293.57, 293.59, and 293.60 of this title (relating to the Issuance of Bonds)
				  and, if appropriate, subject to executive director approval before
				  reimbursement to the developer. The executive director may waive any of the
				  requirements of this subsection upon a showing by the applicant that waiver
				  will promote regionalization or is otherwise justified.
(7) an application fee in the amount of $100;
				  and
(8) other 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 G - OTHER ACTIONS REQUIRING COMMISSION CONSIDERATION FOR APPROVAL › Section 293.90 - Change in Designated Meeting Location

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall designate one or more
				  places inside or outside the district for conducting the meetings of the board.
				  The meeting place may be a private residence or office, provided that the
				  board, in its order establishing the meeting place, declares the same to be a
				  public place and invites the public to attend any meeting of the board. If the
				  board establishes a meeting place or places outside the district, it shall give
				  notice of the location or locations by filing a true copy of the resolution
				  establishing the location or locations of the meeting place or places and a
				  justification of why the meeting will not be held in the district or within 10
				  miles of the boundary of the district, if applicable, with the commission and
				  also by publishing notice of the location or locations in a newspaper of
				  general circulation in the district. If the location of any of the meeting
				  places outside the district is changed, notice of the change shall be given in
				  the same manner.
(b) After at least
				  50 qualified electors are residing in a district, on written request of at
				  least five of those electors, the board shall designate a meeting place and
				  hold meetings within the district. If no suitable meeting place exists inside
				  the district, the board may designate a meeting place outside the district that
				  is located not further than 10 miles from the boundary of the
				  district.
(c) On the failure, after
				  a request is made under subsection (b) of this section, of the board to
				  designate the location of the meeting place within the district or not further
				  than 10 miles from the boundary of the district, five electors may petition the
				  commission to designate a location.
(1) The
				  petition shall include the following items: the name of the district; reason(s)
				  why the current meeting location deprives the residents of a reasonable
				  opportunity to attend district meetings; evidence that the petitioners have
				  requested a change in the meeting location in accordance with subsection (b) of
				  this section; certification that there are at least 50 qualified voters
				  residing in the district; and evidence that the five petitioners are qualified
				  voters residing in the district.
(2) The petition may include proposed new
				  meeting locations and addresses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter H - REPORTS › Section 293.91 - Reporting by Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) All districts
				  are required to submit certain documents and reports to the executive director
				  by the Texas Water Code, Chapter 49, as follows:
(1) a certified copy of the order or
				  legislative act creating the district within 60 days after the date the
				  district is created;
(2) certified
				  copy of the order of the district's governing board changing the boundaries of
				  the district within 60 days after the date of any boundary change together with
				  a linen tracing or other map of equal quality showing the new
				  boundaries;
(3) 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;
(4) a certified copy of the audit report
				  within 15 days after the date of completion of any audit of the affairs of the
				  district, other than the annual audit required by Water Code, §
											49.191;
(5) an annual audit report, financial report,
				  or financial dormancy affidavit, as required by §293.94(c), (e), and (f)
				  of this title (relating to Annual financial Reporting Requirements);
				  and
(6) an annual filing affidavit,
				  as required by subsection (g) of §
											293.94
				  of this title (relating to Annual financial Reporting Requirements), and Water
				  Code, §
											49.194(d),
				  certifying that all filings of copies of the annual audit report, an annual
				  financial dormancy affidavit, or annual financial report, as applicable, have
				  been completed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter H - REPORTS › Section 293.93 - Special Reporting Requirements for Districts Subject to Consent Agreements Made Pursuant to the Texas Water Code, Section

Current through Reg. 49, No. 28; July 12, 2024
Districts created subject to the consent agreements
					 authorized by the Texas Water Code, §
										54.016(h),
					 shall submit the duly affirmed and acknowledged statement, and the map or plat,
					 required by Water Code, §
										54.016(h)(4)(B),
					 together with the reports and information required by Water Code, §§
										49.455(c)-49.455(j),
					 as incorporated by reference into Water Code, §
										54.016(h)(4)(B).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter H - REPORTS › Section 293.94 - Annual Financial Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Statutory provisions for fiscal
				  accountability. All districts as defined in Texas Water Code (TWC),
				  §49.001(a) are required to comply with the provisions of TWC,
				  §§49.191 - 49.198 requiring every district to either have performed
				  an annual audit or to submit an annual financial dormancy affidavit or an
				  annual financial report.
(b)
				  Accounting and auditing manual. All districts shall comply with the accounting
				  and auditing manual adopted by the executive director. The manual shall consist
				  of one publication, "Water District Financial Management Guide." The manual may
				  be revised as necessary by the executive director.
(c) Duty to audit. The governing board of
				  each district created under the general law or by special act of the
				  legislature shall have the district's fiscal accounts and records audited
				  annually at the expense of the district. The person who performs the audit
				  shall be a certified public accountant or public accountant holding a permit
				  from the Texas State Board of Public Accountancy. Districts with limited or no
				  financial activity may qualify to prepare an unaudited financial report,
				  pursuant to subsection (e) of this section, or a financial dormancy affidavit,
				  pursuant to subsection (f) of this section.
(d) Form of audit. The audit shall be
				  performed according to generally accepted auditing standards adopted by the
				  American Institute of Certified Public Accountants. Financial statements shall
				  be prepared in accordance with generally accepted accounting principles as
				  adopted by the American Institute of Certified Public Accountants.
(e) Audit report exemption.
(1) A district may elect to submit annual
				  financial reports to the executive director in lieu of the district's
				  compliance with TWC, §49.191 provided:
(A) the district had no bonds or other
				  long-term (more than one year) liabilities outstanding during the fiscal
				  period;
(B) the district did not
				  have gross receipts from operations, loans, taxes, or contributions in excess
				  of $250,000 during the fiscal period; and
(C) the district's cash and temporary
				  investments were not in excess of $250,000 at any time during the fiscal
				  period.