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RULE §293.173Impact Fee Notice Actions and Requirements

(a) On receipt by the executive director of all required documentation associated with an application for impact fees as required by §§293.171-293.172 of this title (relating to Definitions of Terms and Information Required To Accompany Applications for Approval of Impact Fees), the executive director shall notify the chief clerk that the application is administratively complete.

(b) The chief clerk shall send to the applicant a copy of a notice indicating that an application has been received and notifying interested persons of the procedures for requesting a public hearing. The notice shall also:

  (1) be of sufficient size to be easily legible;

  (2) include an easily understandable map showing the location of the district in relation to roads and other major landmarks and designating the areas upon which impact fees will be imposed;

  (3) state the amount of the impact fee; and

  (4) state that the impact fee application and supporting information are available for inspection and copying in the commission's offices during regular business hours and that the capital improvements plan is available for inspection and copying at the district's office during regular business hours.

(c) 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 intends to levy an impact fee 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, notice of the application to each owner of property within the service area, as of the date of submitting the application to the executive director, unless good cause is shown why such notice should not be given. Ownership of the property shall be certified by the county tax assessor/collector from the county tax rolls or by the appraisal district for the county, as applicable, as of the date of submitting of the application to the commission; and

  (3) The district shall file an affidavit certifying compliance with the requirements of this subsection with the chief clerk at least one week prior to the date of consideration by the commission.

(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.

Source Note: The provisions of this §293.173 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715.

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