| (a) On receipt by the executive director of all required documentation associated with an application for standby fees as required by §§293.141-293.144 of this title (relating to Standby Fees, Application Requirements for Imposition of Standby Fees To Be Used To Supplement the Debt Service Account, Application Requirements for Standby Fees To Be Used To Supplement the Operation and Maintenance Fund, Application Requirements for Imposition of Standby Fees To Supplement the Debt Service Account and the Operation and Maintenance Account), the executive director shall notify the chief clerk that the application is administratively complete. (b) The chief clerk shall send a copy of a notice to the applicant indicating that an application has been received and notifying interested persons of the procedures for requesting a public hearing. The applicant shall cause the notice to be published and mailed as follows: (1) notice
must be published once a week for two consecutive weeks in a newspaper regularly published or circulated in the county or counties where the district is proposed to be located with the last publication not later than the 30th day before the date on which the commission may consider the application. (2) The district shall send, not later than the 30th day before the date of consideration by the commission, copies of the notice by certified mail, return receipt requested, to each owner of undeveloped property in the district identified on the district's tax rolls. Notice must be provided by certified mail, return receipt requested, to each mortgagee of record that has submitted a written request to be informed of any application. The written request for notice must include the name and address of the mortgagee, the name of the property owner in the district, and a brief property description. (c) The district shall submit an affidavit
certifying compliance with the requirements of subsection (b) of this section to the Commission at least one week prior to commission consideration. (d) The commission may act on an application without holding a public hearing if a public hearing is not requested by the commission, the executive director, or an affected person in the manner prescribed by commission rule during the 30 days following the final publication of notice under this section. If the commission determines that a public hearing is necessary, the chief clerk shall advise all parties of the time and place of the hearing. The commission is not required to provide public notice of a hearing under this subsection.
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| Source Note: The provisions of this §293.145 adopted to be effective December 17, 1990, 15 TexReg 6849; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715.
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