To determine that an area is economically distressed, the board
shall consider information and data presented with the application
or otherwise available to the board to determine that the water or
sewer services are inadequate to meet the minimal needs of residential
users; that the financial resources of the residential users of the
services are inadequate to provide water or sewer services that will
satisfy those minimal needs; and that an established residential subdivision
was located in the economically distressed area on June 1, 2005.
(1) Water service is inadequate to meet the minimal
needs of the residential users in an economically distressed area
if the board determines that water service:
(A) does not exist or is not provided;
(B) is provided by a community water system that does
not meet drinking water standards established by the commission;
(C) is provided by individual wells that, after treatment,
do not meet drinking water standards established by the commission;
or
(D) does not meet applicable drinking water standards
of any other governmental unit with jurisdiction over such area.
(2) Sewer service is inadequate to meet the minimal
needs of residential users in an economically distressed area if the
board determines that sewer service:
(A) does not exist or is not provided;
(B) is provided by an organized sewage collection and
treatment facility that does not comply with the standards and requirements
established by the commission;
(C) is provided by on-site sewerage facilities that
do not comply with the standards and requirements established by the
commission; or
(D) does not meet applicable wastewater standards of
any other governmental unit with jurisdiction over such area.
(3) The financial resources of the residential users
in the economically distressed area are inadequate to provide the
needed services if the board finds that the area to be served by a
proposed project has a median household income that is not greater
than 75% of the median state household income for the most recent
year for which statistics are available.
(4) An established residential subdivision was located
in the economically distressed area on June 1, 2005, if the board
determines the following:
(A) either a plat of the area is recorded in the county
plat or deed records; or a pattern of subdivision, without a recorded
plat, is evidenced by the existence of multiple residential lots with
roads, streets, utility easements, or other such incidents of common
usage or origin;
(B) at least one occupied residential dwelling existed
within the platted or subdivided area on June 1, 2005; and
(C) such other factors as may be determined relevant
by the board.
(5) The boundary or limits of a water or sewage project
to serve an economically distressed area may be determined by:
(A) a subdivision plat prepared by a registered engineer,
whether recorded or not;
(B) a metes and bounds description, natural boundaries,
roads, or other natural features that delineate an unplatted area
within which a feasible cost-effective project can be developed; or
(C) inclusion of occupied dwellings with inadequate
water or wastewater services in close proximity to an economically
distressed area determined as provided in paragraph (4) of this section
when such dwellings can be feasibly served by the proposed project.
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| Source Note: The provisions of this §363.503 adopted to be effective January 4, 2000, 24 TexReg 12070; amended to be effective November 7, 2001, 26 TexReg 8847; amended to be effective January 2, 2007, 31 TexReg 10804; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 4, 2009, 34 TexReg 669; amended to be effective May 1, 2022, 47 TexReg 2550 |
