Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.12 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
Following submission of the information required by §
									17.10
				  of this title (relating to Application for Use Determination), the executive
				  director shall determine whether the pollution control property is used wholly
				  or partly for the control of air, water, and/or land pollution. If the
				  determination is that the property is used partly for pollution control, the
				  executive director shall determine the proportion of the property used for
				  pollution control.
(1) As soon as
				practicable, the executive director shall send notice by regular mail or
				electronic mail to the chief appraiser of the appraisal district for the county
				in which the property is located that the person has applied for a use
				determination under this chapter.
(2) As soon as practicable after receipt of
				an application for use determination, the executive director shall send written
				notification informing the applicant that the application is administratively
				complete or that it is deficient.
(A) If the
				application is not administratively complete, the notification will specify the
				deficiencies, and allow the applicant 30 days to provide a revised application
				with the requested information. If the applicant does not submit the requested
				information within 30 days, the executive director shall take no further action
				on the application and the application fee will be forfeited under §
										17.20(b)
				of this title (relating to Application Fees). If the first revised application
				is deficient, the executive director shall send written notification informing
				the applicant that the application is deficient and providing the applicant 30
				days to provide a second revised application. If the second revised application
				is not administratively complete or the applicant does not provide a second
				revised application within the 30 days, the executive director shall take no
				further action on the application and the application fee will be forfeited
				under §
										17.20(b)
				of this title.
(B) The executive
				director may request additional technical information within 60 days of
				issuance of an administrative completeness letter. If additional information is
				requested, the applicant shall provide a revised application with the requested
				information. If the revised application is determined to be incomplete or the
				applicant does not provide the requested technical information within 30 days,
				the executive director may request additional technical information or the
				executive director may decide to take no further action on the application and
				the application fee will be forfeited under §
										17.20(b)
				of this title. The executive director may not issue more than two notices of
				deficiency after the issuance of an administrative completeness letter on an
				application.
(C) The technical
				review process is limited to a total of 230 days from the date of declaration
				that the application is administratively complete. If at the end of the review
				period the application is considered to be incomplete, the executive director
				shall issue a negative use determination for failure to document the
				eligibility of the property/equipment to receive a positive use
				determination.
(D) An application
				where the executive director will take no further action under subparagraph (A)
				or (B) of this paragraph may be refiled by the applicant. In such cases, the
				applicant shall pay the appropriate fee as required by §
										17.20
				of this title.