reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1208 - Prioritization Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The board will
				  give priority to projects that the legislature has determined shall receive
				  priority for financial assistance from the Water Infrastructure Fund.
				  Applicants who have applied and were eligible for Economically Distressed Areas
				  Program funding under §
										363.512
				  of this title (relating to Projects Related to Implementation of the Water
				  Plan), and where sufficient funds are not available in the program to fund the
				  project, will be given priority consideration for funding under this subchapter
				  after projects with legislative priority.
(b) After prioritizing projects under
				  subsection (a) of this section, the executive administrator will prioritize
				  applications based on the number of factors met by the project seeking
				  financial assistance. The following factors shall be considered by the
				  executive administrator when ranking the applications:
(1) projects which have the earliest
				  identified decade of need, as identified in the water plan; and
(2) entities that:
(A) have already demonstrated significant
				  water conservation savings, as determined by comparing the highest rolling
				  five-year average gallons per capita per day since 1980 to the average gallons
				  per capita per day for the most recent 4-year period; or
(B) will achieve significant water
				  conservation savings by implementing the proposed project for which the
				  financial assistance is sought, as determined by comparing the conservation to
				  be achieved by the project with the average gallons per capita per day for most
				  recent four-year period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1209 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
The board, by resolution, may approve the application if it
					 finds that:
(1) the application and
				  the assistance applied for meet the requirements of this subchapter and board
				  rules;
(2) the revenue or taxes, or
				  both revenue and taxes, pledged by the applicant will be sufficient to meet all
				  obligations assumed by the political subdivision; and
(3) the project will meet water needs in a
				  manner consistent with the state and regional water plans as required by Texas
				  Water Code, §
										16.053(j).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1210 - Action of the Board on Application

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of the meeting to consider the project,
					 the board may resolve to approve, disapprove, approve with conditions, or
					 continue consideration of the application. A commitment will include a date
					 after which the financial assistance will no longer be available. That date
					 shall be the end of that month which is twelve months from the month of
					 commitment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1301 - Scope of Subchapter M

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern the board's programs of
					 financial assistance under the following programs established by the Texas
					 Water Code, Chapter 15, Subchapters G and H. Unless in conflict with the
					 provisions of this subchapter, the provisions of Subchapter A of this chapter
					 (relating to General Provisions) shall apply to projects under this
					 subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1303 - Prioritization System

Current through Reg. 49, No. 28; July 12, 2024
(a) The board will
				  establish deadlines for application submittals. The executive administrator
				  will provide the prioritization of those applications to the board for approval
				  as soon thereafter as practicable. To be considered for prioritization, an
				  applicant must provide adequate information to establish that the applicant
				  qualifies for funding, to describe the project comprehensively, and to
				  establish the cost of the project, as well as any other information requested
				  by the executive administrator. The executive administrator will develop and
				  provide an abridged application to gather information necessary for
				  prioritization. If an applicant submits an abridged application for
				  prioritization purposes, the applicant must submit a complete application to
				  the board by the deadline established by the executive administrator within 30
				  days after the board meeting at which the applicant's project received priority
				  for funding, or the project will lose its priority ranking and the board may
				  commit to other projects consistent with the prioritization.
(b) For each application that the executive
				  administrator has determined has adequate information for prioritization
				  purposes and prior to each board meeting at which applications may be
				  considered for prioritization, the executive administrator shall:
(1) prioritize the applications by the
				  criteria identified in §
											363.1304
				  of this title (relating to Prioritization Criteria); and
(2) provide to the board a prioritized list
				  of all complete applications as recommended by the executive administrator, the
				  amount of funds requested, and the priority of each application
				  received.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1304 - Prioritization Criteria

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator will prioritize applications
					 based on the following point system:
(1) Projects will be evaluated on the
				  criteria provided in paragraphs (2) - (5) of this section. The points awarded
				  for paragraphs (2) - (5) of this section shall be the lesser of the sum of the
				  points for paragraph (2) - (5), or 50 points.
(2) Either stand-alone projects or projects
				  in conjunction with other recommended water management strategies relying on
				  the same volume of water that the project relies on, in accordance with Chapter
				  357 of this title (relating to Regional Water Planning), that will serve in
				  total when the project water supply volume is fully operational:
(A) at least 10,000 population, but not more
				  than 249,999 population, 6 points; or
(B) at least 250,000 population, but not more
				  than 499,999 population, 12 points; or
(C) at least 500,000 population, but not more
				  than 749,999 population, 18 points; or
(D) at least 750,000 population, but not more
				  than 999,999 population, 24 points; or
(E) at least 1,000,000 population, 30 points;
				  or
(F) less than 10,000 population,
				  zero points.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1305 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  use the funds for financial assistance to political subdivisions as follows:
(1) to make loans at or below market interest
				  rates, but not lower than 50 percent of the board's market rate;
(2) to make loans with terms not to exceed
				  the lesser of:
(A) the expected useful life
				  of the project assets; or
(B) 30
				  years;
(3) to defer loan
				  repayments, including deferral of principal and interest or accrued interest
				  under criteria developed by the board;
(4) to make loans with incremental repurchase
				  terms for an acquired facility, including terms for no initial repurchase
				  payment followed by progressively increasing incremental levels of interest
				  payment, repurchase of principal and interest, and ultimate repurchase of the
				  entire state interest in the facility using simple interest calculations;
				  or
(5) a combination of the
				  financing outlined in paragraphs (1) - (4) of this subsection.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1306 - Interest Rates for Loans

Current through Reg. 49, No. 28; July 12, 2024
For loans from the SWIFT and SWIRFT, the following
					 procedures will be used to set interest rates.
(1) The executive administrator will set
				  interest rates under this section for loans on a date that is at least five
				  business days prior to the political subdivision's anticipated adoption of the
				  ordinance or resolution authorizing its bonds and not more than 45 days before
				  the anticipated closing of the loan from the board. After 45 days from the
				  establishment of the interest rate of a loan, rates will be reconsidered, and
				  may be extended only with the approval of the executive
				  administrator.
(2) For loans from
				  the fund, the executive administrator will set the interest rates in accordance
				  with the following:
(A) To the extent that
				  the source of funding is provided from bond proceeds, the lending rate scale(s)
				  will be determined as provided under §
											363.33(b)
				  of this title (relating to Interest Rates for Loans and Purchase of Board's
				  Interest in State Participation Projects).
(B) The loan interest rate will be determined
				  based on a debt service schedule acceptable to the executive administrator. The
				  executive administrator will identify the appropriate scale for the borrower
				  and identify the market rate for the maturity due in each year. The board may
				  set an interest rate subsidy. The executive administrator will reduce the
				  market rate by a subsidy as determined by the board and thereby identify a
				  proposed loan interest rate for each maturity. The proposed loan interest rate
				  will be applied to the proposed principal repayment schedule. In no instance
				  shall the subsidy determined by the board exceed 50 percent of the market
				  rate.
(C) For loans made under
				  §
											363.1305(a)(4)
				  of this subchapter (relating to Use of Funds), which receive deferred principal
				  and interest payments, the executive administrator will identify the
				  appropriate scale for the borrower and identify the market rate for the
				  maturity due in each year. The board may set an interest rate subsidy. The
				  executive administrator will reduce the market rate by a subsidy as determined
				  by the board and thereby identify a proposed loan interest rate for each
				  maturity. The proposed loan interest rate will be applied to the proposed
				  principal repayment schedule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1308 - Board Participation Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Board Participation. Unless otherwise directed by legislation, the board will
				  only use the SWIFT or SWIRFT to provide financial assistance for all or a part
				  of the cost to construct the excess capacity of a water plan project where:
(1) at least 20 percent of the total facility
				  capacity of the proposed project will serve existing need; or
(2) the applicant will finance at least 20
				  percent of the total project cost from sources other than Board Participation
				  from the SWIFT and SWIRFT.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1309 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  administrator shall submit the application for financing under this subchapter
				  to the board with comments concerning financial assistance. The application
				  will be scheduled on the agenda for board consideration at the earliest
				  practical date. The applicant and other interested parties known to the board
				  shall be notified on the time and place of such meeting.
(b) The board shall grant the application
				  only if the board finds that at the time the application for financial
				  assistance was made that:
(1) the applicant
				  has submitted and implemented a water conservation plan in accordance with
				  Texas Water Code § 16.4021 and §
											363.15
				  of this chapter; and
(2) the
				  applicant has acknowledged its legal obligation to comply with any applicable
				  requirements of federal law relating to contracting with disadvantaged business
				  enterprises, and any applicable state law relating to contracting with
				  historically underutilized businesses.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1310 - Action of the Board on Application

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of the meeting to consider the project
					 for financing under this subchapter, the board may resolve to approve,
					 disapprove, approve with conditions, including requiring the applicant to
					 retain professional project management assistance, or continue consideration of
					 the application. A commitment will include a date after which the financial
					 assistance will no longer be available.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1311 - Rural and Water Conservation Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After the loan closing of a project and release of funds to the political
				  subdivision, the executive administrator shall determine what portion of the
				  project funds, if any, qualify as funding for:
(1) rural political subdivisions;
(2) agricultural water
				  conservation;
(3) water
				  conservation, including agricultural irrigation projects designed for water
				  conservation; or
(4) reuse,
				  including agricultural irrigation projects designed for reuse.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1312 - Reporting Requirements Regarding Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The political subdivision receiving financial assistance
					 from the board shall report to the executive administrator the amounts of
					 project funds, if any, which were used to compensate historically underutilized
					 businesses that worked on the project. The executive administrator shall not
					 issue a certificate of approval on a project until this report has been
					 received.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter A - GENERAL PROVISIONS › Section 364.1 - Scope of Chapter

Current through Reg. 49, No. 28; July 12, 2024
This chapter contains model rules which the Texas Water
					 Development Board (board) is required to adopt in accordance with Texas Water
					 Code, §
										16.343.
					 Before an application for financial assistance from Economically Distressed
					 Areas Program as specified in Chapter 355, Subchapter B of this title or
					 Chapter 363, Subchapter E of this title may be considered by the board, the
					 applicant shall provide documentation satisfactory in form and in substance
					 that the municipality, if applicable, and county in which the applicant is
					 located has adopted the necessary orders, ordinances, or other rules that meet
					 the requirements of the Model Subdivision Rules contained in Subchapter B of
					 this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter A - GENERAL PROVISIONS › Section 364.2 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The model rules provide the criteria for assuring that an
					 adequate supply of safe drinking water and adequate safe sewer facilities are
					 available to residential areas in accordance with state standards established
					 by the Texas Department of Health and the Texas Commission on Environmental
					 Quality. The model rules prohibit the establishment of residential developments
					 with lots of five acres or less without adequate water supply and sewer
					 services, prohibit more than one single-family, detached dwelling to be located
					 on each subdivision lot, and establish minimum setbacks to ensure proper
					 operation of water supply and sewer services and to reduce the risk of fire
					 hazards.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.11 - Authority and Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules are adopted by ________ County, Texas, under
						the authority of the Local Government Code, Chapter 232 and Water Code, §
											16.350.
						Notwithstanding any provision to the contrary, these rules apply only to a
						subdivision which creates two or more lots of five acres or less intended for
						residential purposes. Lots of five acres or less are presumed to be for
						residential purposes unless the land is restricted to nonresidential uses on
						the final plat and in all deeds and contracts for deeds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.12 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is the purpose of these rules to promote the public
						health of the county residents, to ensure that adequate water and wastewater
						facilities are provided in subdivisions within the jurisdiction of this county,
						and to apply the minimum state standards for water and wastewater facilities to
						these subdivisions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.13 - Effective Date

Current through Reg. 49, No. 28; July 12, 2024
These rules become effective on the ___ day of
						__________, _____.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.14 - Repealer

Current through Reg. 49, No. 28; July 12, 2024
Provisions of Order(s) Number ____, adopted on the _____
						day of ________, ___, are hereby repealed, except as to such sections which are
						retained herein.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.15 - Plat Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner of a
					 tract of land located outside the corporate limits of a municipality that
					 divides the tract in any manner that creates two or more lots of five acres or
					 less intended for residential purposes must have a plat of the subdivision
					 prepared. Lots of five acres or less are presumed to be for residential
					 purposes unless the land is restricted to nonresidential uses on the final plat
					 and all deeds and contracts for deeds.
(b) No subdivided land shall be sold or
					 conveyed until the subdivider:
(1) has
					 received approval of a final plat of the tract; and
(2) has filed and recorded with the county
					 clerk of the county in which the tract is located a legally approved
					 plat.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.16 - Supersession

Current through Reg. 49, No. 28; July 12, 2024
These rules supersede any conflicting regulations of the
						county.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 1 - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 364.17 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any part or provision of these regulations, or
						application thereof, to any person or circumstance is adjudged invalid by any
						court of competent jurisdiction, such judgment shall be confined in its
						operation to the part, provision, or application directly involved in the
						controversy in which such judgment shall have been rendered and shall not
						affect or impair the validity of the remainder of these regulations or the
						application thereof to other persons or circumstances. The commissioners court
						hereby declares that it would have enacted the remainder of these regulations
						without any such part, provision or application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.31 - Scope of Standards

Current through Reg. 49, No. 28; July 12, 2024
The establishment of a residential development with two
						or more lots of five acres or less where the water supply and sewer services do
						not meet the minimum standards of this division is prohibited. A subdivision
						with lots of five acres or less is presumed to be a residential development
						unless the land is restricted to nonresidential use on the final plat and all
						deeds and contracts for deeds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.32 - Water Facilities Development

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Public water systems.
(1) Subdividers who
					 propose to supply drinking water by connecting to an existing public water
					 system must provide a written agreement with the retail public utility in
					 substantially the form attached in Appendix 1A. The agreement must provide that
					 the retail public utility has or will have the ability to supply the total flow
					 anticipated from the ultimate development and occupancy of the proposed
					 subdivision for a minimum of 30 years. The agreement must reflect that the
					 subdivider has paid the cost of water meters and other necessary connection
					 equipment, membership fees, water rights acquisition costs, or other fees
					 associated with connection to the public water system so that service is
					 available to each lot upon completion of construction of the water facilities
					 described on the final plat.
Attached
						Graphic
(2)
					 Where there is no existing retail public utility to construct and maintain the
					 proposed water facilities, the subdivider shall establish a retail public
					 utility and obtain a Certificate of Convenience and Necessity (CCN) from the
					 commission. The public water system, the water quality and system design,
					 construction and operation shall meet the minimum criteria set forth in 30 TAC
					 §§
												290.38-290.51
					 and §§290.101-290.120. If groundwater is to be the source of the
					 water supply, the subdivider shall have prepared and provide a copy of a
					 groundwater availability study that complies with the requirements of 30 TAC
					 §§
												230.1
					 through 230.11 for water availability for new public water supply systems and
					 certifies the long term (30 years) quantity and quality of available
					 groundwater supplies relative to the ultimate needs of the subdivision. If
					 surface water is the source of supply, the subdivider shall provide evidence
					 that sufficient water rights have been obtained and dedicated, either through
					 acquisition or wholesale water supply agreement, that will provide a sufficient
					 supply to serve the needs of the subdivision for a term of not less than 30
					 years.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.33 - Wastewater Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) Organized
					 sewerage facilities.
(1) Subdividers who
					 propose the development of an organized wastewater collection and treatment
					 system must obtain a permit to dispose of wastes from the commission in
					 accordance with 30 TAC Chapter 305 and obtain approval of engineering planning
					 materials for such systems under 30 TAC Chapter 317 from the
					 commission.
(2) Subdividers who
					 propose to dispose of wastewater by connecting to an existing permitted
					 facility must provide a written agreement in substantially the form attached in
					 Appendix 1B with the retail public utility. The agreement must provide that the
					 retail public utility has or will have the ability to treat the total flow
					 anticipated from the ultimate development and occupancy of the proposed
					 subdivision for a minimum of 30 years. The agreement must reflect that the
					 subdivider has paid the cost of all fees associated with connection to the
					 wastewater collection and treatment system have been paid so that service is
					 available to each lot upon completion of construction of the wastewater
					 facilities described on the final plat. Engineering plans for the proposed
					 wastewater collection lines must comply with 30 TAC Chapter 317.
Attached
						Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.34 - Greywater Systems for Reuse of Treated Wastewater

Current through Reg. 49, No. 28; July 12, 2024
(a) Organized or municipal sewerage systems.
					 Any proposal for sewage collection, treatment and disposal which includes
					 greywater reuse shall meet minimum criteria of 30 TAC Chapter 210 promulgated
					 and administered by the commission.
(b) On-site sewerage facilities. Any proposal
					 for on-site sewage disposal which includes provisions for greywater use shall
					 meet the minimum criteria of 30 TAC Chapter 285.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.35 - Sludge Disposal

Current through Reg. 49, No. 28; July 12, 2024
The disposal of sludge from water treatment and sewerage
						facilities shall meet the criteria of 30 TAC Chapter 312 and Chapter
						317.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.36 - Setbacks

Current through Reg. 49, No. 28; July 12, 2024
In areas that lack a nationally recognized fire code as
						listed in Local Government Code, §
											233.062(c)
						and lack water lines sized for fire protection, setbacks from roads and
						right-of-ways shall be a minimum of 10 feet, setbacks from adjacent property
						lines shall be a minimum of five feet, and shall not conflict with separation
						or setback distances required by rules governing public utilities, on-site
						sewerage facilities, or drinking water supplies. Setback lines required
						elsewhere in the orders or rules of the county shall control to the extent
						greater setbacks are therein required.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 2 - MINIMUM STANDARDS › Section 364.37 - Number of Dwellings Per Lot

Current through Reg. 49, No. 28; July 12, 2024
No more than one single family detached dwelling shall be
						located on each lot. A notation of this restriction shall be placed on the face
						of the final plat. This restriction shall be placed in all deeds and contracts
						for deeds for real estate sold within the subdivision. Proposals which include
						multi-family residential shall include adequate, detailed planning materials as
						required for determination of proper water and wastewater utility type and
						design.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 3 - PLAT APPROVAL › Section 364.51 - Applications for Plat Approval

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Owner representation. An application for approval of a plat shall be filed with
					 the county by the record owner of the property to be subdivided or the duly
					 authorized agent of the record owner.
(b) Standards. Every plat creating two or
					 more lots of five acres or less for residential use shall comply with the
					 standards of Division 2 and the requirements of Division 3 of this
					 subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 3 - PLAT APPROVAL › Section 364.53 - Additional Information

Current through Reg. 49, No. 28; July 12, 2024
The county may, at its option, require additional
						information necessary to determine the adequacy of proposed water and
						wastewater improvements as part of the plat approval process. Such information
						may include, but not be limited to:
(1) layout of proposed street and drainage
					 work;
(2) legal description of the
					 property;
(3) existing area
					 features;
(4) topography;
(5) flood plains;
(6) description of existing
					 easements;
(7) layout of other
					 utilities;
(8) notation of deed
					 restrictions;
(9) public use areas;
					 or
(10) proposed area
					 features.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 3 - PLAT APPROVAL › Section 364.55 - Review and Approval of Final Plats

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Scope of review. The county will review the final plat to determine whether it
					 meets the standards of Division 2 and the requirements of Division 3 of this
					 subchapter.
(b) Disapproval
					 authority. The commissioners court shall refuse to approve a plat if it does
					 not meet the requirements prescribed by or under these rules.
(c) Prerequisites to approval. Final plat
					 approval shall not be granted unless the subdivider has accomplished the
					 following:
(1) dedicated the sites for the
					 adequate water and sewerage facilities identified in the final plat to the
					 appropriate retail public utility responsible for operation and maintenance of
					 the facilities; and
(2) provided
					 evidence that the water facilities and sewerage facilities have been
					 constructed and installed in accordance with the criteria established within
					 these rules and the approvals from the commission of the plans and
					 specifications for such construction, including any change orders filed with
					 these agencies; or
(3) obtained all
					 necessary permits for the proposed water facilities and sewerage facilities
					 (other than for OSSF permits on individual lots within the proposed
					 subdivision) and has entered into a financial agreement with the county secured
					 by a bond or other alternative financial guarantee such as a cash deposit or
					 letter of credit for the provision of water and sewerage facilities with the
					 bond or financial guarantee meeting the criteria established in Division 3 of
					 this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 3 - PLAT APPROVAL › Section 364.56 - Time Extensions for Providing Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Reasonableness. The commissioners court may extend, beyond the date specified
					 on the plat or on the document attached to the plat, the date by which the
					 required water and sewer service facilities must be fully operable if:
(1) any financial guarantees provided with
					 the final plat as originally submitted are effective for the time of the
					 requested extension or new financial guarantees that comply with §364.54
					 are submitted which will be effective for the period of the extension;
					 and
(2) the court finds the
					 extension is reasonable and not contrary to the public interest.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 4 - ENFORCEMENT › Section 364.71 - Oversight

Current through Reg. 49, No. 28; July 12, 2024
The owner, by submitting a plat, acknowledges the
						authority of the county and state agencies to lawfully enter and inspect
						property for purposes of execution of their statutory duties. Such inspection
						will not release the owner from any obligation to comply with the requirements
						of these rules.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter B - MODEL RULES › Division 4 - ENFORCEMENT › Section 364.72 - General Enforcement Authority of County

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter are enforceable pursuant
						to the specific provisions hereof related to enforcement and state law
						including Water Code, Chapter 7 and §§16.352, 16.353, 16.3535,
						16.354, and 16.3545, and Local Government Code, §
											232.037 and §
											232.080.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter C - MODEL RULES (MUNICIPALITY) › Division 1 - MUNICIPALITIES WITH NO OTHER SUBDIVISION ORDINANCES › Section 364.80 - Rules To Be Adopted

Current through Reg. 49, No. 28; July 12, 2024
Municipalities that have not adopted nor have in effect
						other comprehensive subdivision ordinances shall adopt the necessary ordinances
						to implement the requirements of the model rules set out in Subchapter B of
						this chapter with appropriate modifications to assure their applicability to
						developments within the municipality.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter C - MODEL RULES (MUNICIPALITY) › Division 1 - MUNICIPALITIES WITH NO OTHER SUBDIVISION ORDINANCES › Section 364.81 - Modifications

Current through Reg. 49, No. 28; July 12, 2024
Municipalities adopting these model rules shall modify
						the provisions of Subchapter B of this chapter to change all references to
						"County" or county authority to be consistent with the identity and authority
						of the adopting entity. In particular, the following provisions shall be
						modified as indicated:
(1)
											§364.11 (Authority) shall reflect the municipality authority contained in
					 the Local Government Code, Chapter 212;
(2)
											§364.15 (Plat Required) shall
					 reflect application of the rules to the subdivision of a tract of land located
					 within the corporate boundaries and the extraterritorial jurisdiction of the
					 municipality;
(3)
											§364.18
					 (Definitions) shall identify the municipality and its governing body;
					 and
(4)
											§364.72 (Enforcement
					 Authority) shall reflect the enforcement authority of the municipality
					 contained in the Local Government Code, §
											212.0175
					 and §
											212.018.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter C - MODEL RULES (MUNICIPALITY) › Division 2 - MUNICIPALITIES WITH EXISTING SUBDIVISION ORDINANCES › Section 364.90 - Rules To Be Adopted

Current through Reg. 49, No. 28; July 12, 2024
Municipalities that have adopted and have in effect other
						subdivision ordinances shall adopt and incorporate those requirements of the
						model rules set out in Subchapter B of this chapter which are necessary to make
						the existing ordinances consistent with the goal and intent of the model rules
						to provide minimum standards that assure adequate water supply and wastewater
						services to subdivisions within the municipality.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 364 - MODEL SUBDIVISION RULES › Subchapter C - MODEL RULES (MUNICIPALITY) › Division 2 - MUNICIPALITIES WITH EXISTING SUBDIVISION ORDINANCES › Section 364.91 - Minimum Requirements

Current through Reg. 49, No. 28; July 12, 2024
Subdivision ordinances adopted by a municipality must be
						reviewed and modified as necessary to incorporate the minimum standards
						contained in the model rules set out in Subchapter B of this chapter, including
						the following:
(1) application of the
					 ordinances to the subdivision of a tract of land within the corporate limits of
					 the municipality and the extraterritorial jurisdiction of the municipality into
					 two or more lots of five acres or less intended for residential
					 purposes;
(2) preparation of a
					 subdivision plat to be approved by the municipality and filed for record with
					 the county clerk after approval;
(3) water supply standards consistent with
					 the standards developed by the commission and set out in 30 TAC Chapter
					 290.
(4) prohibition of individual
					 water wells or non-public water systems that do not meet the water quality
					 standards developed by the commission and set out in 30 TAC §§
											290.104,
					 290.106,
					 290.108
					 and 290.109;
(5) wastewater
					 collection and disposal system standards consistent with the standards
					 developed by the commission and set out in 30 TAC Chapters 305 and 317 and in
					 Health and Safety Code, Chapter 366;
(6) prohibition of pit privies, portable
					 toilets, and on-site sewerage facilities that do not meet the wastewater
					 treatment standards developed by the commission and set out in 30 TAC Chapter
					 285;
(7) setback limitations
					 consistent with local fire code requirements;
(8) prohibition of more than one single
					 family detached dwelling per subdivision lot;
(9) preparation of an engineer's report
					 consistent with §
											364.52
					 of this title; and
(10)
					 requirements for posting of a financial guarantee to assure completion of water
					 supply and sewer service facilities required by the approved plat and
					 consistent with this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.1 - Scope of Chapter

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall govern applications for financial
					 assistance from the Rural Water Assistance Fund, established by the Texas Water
					 Code, Chapter 15, Subchapter R. The program described in this chapter shall be
					 known as the Rural Water Assistance Fund. Unless in conflict with the
					 provisions of this chapter, the provisions of Chapter 363, Subchapter A of this
					 title (relating to the General Provisions of Financial Assistance Programs)
					 shall apply to applications for assistance from the Rural Water Assistance
					 Fund.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.2 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
Words and terms used in this chapter shall have the
					 following meanings, unless the context clearly indicates otherwise. Words
					 defined in Texas Water Code Chapter 15 or 17 and not defined here shall have
					 the meanings provided by the appropriate Texas Water Code chapter.
(1) Applicant--A rural political subdivision,
				  including a rural political subdivision which has entered into an agreement
				  with a Federal Agency or State Agency for the purpose of submitting a joint
				  application.
(2) District--A
				  conservation or reclamation district created under Texas Constitution, Section
				  52, Article III, or Section 59, Article XVI.
(3) Federal agency--An agency or other entity
				  of the United States, including the United States Department of Agriculture or
				  an agency or entity that is acting through or on behalf of that
				  department.
(4) Fund--The Rural
				  Water Assistance Fund.
(5)
				  Nonprofit water supply or sewer service corporation--A water or sewer service
				  corporation operating under Texas Water Code, Chapter 67.
(6) Rural political subdivision--A nonprofit
				  water supply or sewer service corporation, district, or municipality with a
				  service area of 10,000 or less in population or that otherwise qualifies for
				  financing from a federal agency or a county in which no urban area exceeds
				  50,000 in population.
(7) State
				  agency--An agency or other entity of the state, including the Texas Department
				  of Agriculture and the Texas Department of Housing and Community Affairs and
				  any agency or authority that is acting through or on behalf of the Texas
				  Department of Agriculture or the Texas Department of Housing and Community
				  Affairs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.3 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The fund may be
				  used to provide low-interest loans to rural political subdivisions for:
(1) water or water-related projects and for
				  water quality enhancement projects, including but not limited to:
(A) the construction of infrastructure
				  facilities for wholesale or retail water or sewer service;
(B) desalination projects;
(C) the purchase or lease of water well
				  fields;
(D) property necessary for
				  water well fields;
(E) the purchase
				  or lease of rights to produce groundwater;
(F) onsite or wetland wastewater treatment
				  facilities; and
(G) the interim
				  financing of construction projects;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.5 - Interest Rates for Loans

Current through Reg. 49, No. 28; July 12, 2024
The procedure and method for setting fixed interest rates
					 includes the following.
(1) The
				  executive administrator will set fixed interest rates under this section for
				  loans on a date that is five business days prior to the political subdivision's
				  adoption of the ordinance or resolution authorizing its bonds and not more than
				  45 days before the anticipated closing of the loan from the board. After 45
				  days from the establishment of the interest rate of a loan, rates will be
				  reconsidered, and may be extended only with the approval of the executive
				  administrator.
(2) For loans from
				  the Rural Water Assistance Fund, the executive administrator will set the
				  interest rates in accordance with the following:
(A) to the extent that the source of funding
				  is provided from bond proceeds issued through the Water Development Fund
				  specifically designated for this fund, the lending rate scale(s) will be
				  determined as provided under §
											363.33(b)
				  of this title (relating to Interest Rates for Loans and Purchase of Board's
				  Interest in State Participation Projects); or
(B) for loans where the interest rates
				  calculated in subparagraph (A) of this paragraph results in a true interest
				  cost that is less than the minimum true interest cost of the lending rate scale
				  established for those funds, interest will be calculated at a rate increased to
				  match the minimum true interest costs so the board may recover all costs
				  attributed to the bonds sold by the board; or
(C) for loans funded by the board with
				  proceeds of bonds, the interest for which is intended to be tax exempt for
				  purposes of federal tax law, the executive administrator will limit the
				  interest set pursuant to this subsection at no higher than the rate permitted
				  under federal tax law to maintain the tax exemption for the interest on the
				  board's bonds.