| (a) Required signs. Within 30 days after the creation of a
RUD, the RUD shall post signs indicating the existence of the RUD at two or
more principal entrances to the RUD. Detailed sign specifications can be obtained
from the executive director on request.
(b) Filings with the commission.
(1) Post-election report.
(A) Post-election filings. Within 30 days after the election
to confirm the creation of the RUD, the RUD shall file reports with the commission
and with the county clerks of each county in which the RUD is located. These
reports shall include:
(i) the name of the RUD;
(ii) a complete and accurate legal description of the boundaries
of the RUD;
(iii) the most recent rate of RUD taxes on property located
in the RUD;
(iv) the total amount of bonds that have been approved by the
voters and will be issued by the RUD;
(v) the date on which the election to confirm the creation
of the RUD was held;
(vi) a statement of the functions performed or to be performed
by the RUD; and
(vii) a complete scale map or plat showing the boundaries of
the RUD.
(B) If there is any change in information contained in a report,
the RUD shall amend the report within seven days after the change in information.
(C) The report and each amendment to a report shall be signed
by a majority of the members of the governing board of the RUD and by each
officer.
(2) Bond issuance. Before submitting bonds to the attorney
general under Transportation Code, §441.174, the RUD shall file with
the commission a complete record showing the amount of bonds authorized to
be issued for the purpose of constructing the facility and the engineer's
estimates and reports.
(3) Audits and additional information. At the request of the
commission, the RUD shall submit to an audit, shall provide additional information
and reports, and shall permit on-site inspections. At any time the commission
may institute an investigation or hold hearings concerning the RUD.
(c) Supervision of construction.
(1) Supervisory responsibility. The governmental entity and
executive director may exercise supervisory authority and control over the
preparation of all construction plans for construction of the facility and
over related engineering work. During construction, on-site inspections may
be made at the governmental entity's or executive director's discretion.
(2) Approval of construction plans. If construction plans were
not submitted initially as a part of the preliminary plans, the applicant
shall submit construction plans to the governmental entity and executive director
before beginning construction. A RUD shall not construct any facility without
first obtaining approval of the construction plans by the executive director
and the governmental entity. A RUD shall not construct any facility that differs
from the approved construction plans.
(3) Changes and additions. Changes and additions to a facility
shall be filed with the commission for approval. The filing shall fully explain
the reason for the change and the estimated cost and shall be accompanied
by an engineering report with amended drawings and documents. Additional information
shall be furnished as deemed necessary by the executive director. Except to
the extent that the decision is delegated to the executive director, the commission
will issue an order approving or disapproving the changes and additions. Field
changes made during construction shall be submitted to the governmental entity
and the executive director if they total less than $25,000 and do not alter
the approved plans or affect the scope of the work. In that case the executive
director will approve or disapprove the changes and additions.
(4) Failure to comply.
(A) If work has not been done in compliance with these provisions,
the executive director will serve notice on the RUD. If compliance is not
achieved within the time specified, approval of the construction plans may
be suspended.
(B) If an applicant has constructed a facility or has begun
work on a facility before filing for approval of preliminary plans, the commission
will refuse to accept an application for the approval of those preliminary
plans until the executive director has approved the pre-existing work. The
applicant shall submit information requested by the executive director for
the purpose of making this determination.
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