<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 293WATER DISTRICTS
SUBCHAPTER HREPORTS
RULE §293.92Additional Reports and Information Required of Certain Districts

A district which is providing or proposing to provide, as the district's principal function, water, wastewater, drainage, and flood control or protection facilities or services, or any of these facilities or services that have been financed or are proposed to be financed with bonds of the district payable in whole or in part from taxes of the district, or by imposition of a standby fee to household or commercial users, other than agricultural or irrigation users, and which district includes less than all the territory in at least one county and which, if located within the corporate area of a city, includes less than 75% of the incorporated area of the city or which is located outside the corporate area of a city in whole or in substantial part shall submit such additional reports and information as may be required by the executive director from time to time.

  (1) The information shall include:

    (A) the name of the district;

    (B) the complete and accurate legal description of the boundaries of the district;

    (C) the most recent rate of district taxes on property located in the district;

    (D) the total amount of bonds which have been approved by the voters and which may be issued by the district (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity);

    (E) the aggregate initial principal amount of all bonds of the district payable in whole or in part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) which have been previously issued and remain outstanding;

    (F) whether a standby fee is imposed by the district, and, if so, the amount of the standby fee;

    (G) the date on which the election to confirm the creation of the district was held, if such was required;

    (H) a statement of the functions performed or to be performed by the district;

    (I) the particular form of Notice to Purchasers required by Water Code, §49.452 to be furnished by a seller to a purchaser of real property in that district completed by the district with all information required to be furnished by the district; and

    (J) a complete and accurate map or plat showing the boundaries of the district.

    (K) If a district has not yet levied taxes, a statement to such effect together with the district's projected rate of debt service tax estimated at the time of creation of the district shall be substituted for subparagraphs (C) and (D) of this paragraph.

      (i) The information and map or plat required by this section and each amendment to the same shall be signed by a majority of the members of the governing board of the district and by each such officer affirmed and acknowledged, before it is filed with the county clerk.

      (ii) The information form required by this section shall be filed with the county clerk within 48 hours after the district is officially created. For purposes of this section, the words "officially created" mean the date and hour in which the results of the election to confirm the creation of the district are declared.

      (iii) Within seven days after a change in any of the information contained in the district information form, map, or plat, the district shall file with the county clerk an amendment setting forth the changes made.

      (iv) A copy of all information forms, maps, plats, and amendments thereto filed under this section shall also be filed with the executive director within five days of its filing with the county clerk.

      (v) If a district fails to submit the information required by this section in the time required, the executive director may request the attorney general, or the district or county attorney of the county in which the district is located, to seek a writ of mandamus to force the governing board of the district to prepare and submit the necessary information.

      (vi) If a district covered by the provisions of this section is dissolved, annexed to another local government, or is consolidated with another district, the members of the governing board shall file a statement of this fact together with the effective date of the dissolution, annexation, or consolidation with the information form.


Source Note: The provisions of this §293.92 adopted to be effective September 5, 1986, 11 TexReg 3746; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905.

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page