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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 293WATER DISTRICTS
SUBCHAPTER MAPPLICATION FOR APPROVAL OF STANDBY FEES
RULE §293.147Material Changes

A developer or landowner who owns undeveloped property may petition the commission to review its authorization of standby fees if there is a material change in the financial condition of the district subsequent to the commission's approval. The burden of proof will be on the landowner to show that there has been a material change and that the district no longer meets eligibility requirements set forth in §293.142 of this title (relating to Application Requirements for Imposition of Standby Fees To Be Used To Supplement the Debt Service Account) and §293.143 of this title (relating to Application Requirements for Standby Fees To Be Used To Supplement the Operation and Maintenance Fund) or that the amount of the standby fee should be reduced. If the executive director is satisfied that the landowner has presented a prima facie case, then the district will be required to submit information and/or materials in rebuttal. Only if the landowner presents a prima facie case to the executive director will the commission review its authorization of a standby fee.


Source Note: The provisions of this §293.147 adopted to be effective December 17, 1990, 15 TexReg 6849.

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