| (a) On receipt by the executive director of all required
documentation associated with an application for creation of a district
by the commission in accordance with Texas Water Code (TWC), Chapter
51, multi-county Water Control and Improvement Districts or single-county
Water Control and Improvement Districts requesting additional powers;
Chapter 54, Municipal Utility Districts; Chapter 55, Water Improvement
Districts; Chapter 58, multi-county Irrigation Districts; Chapter
59, Regional Districts; Chapter 65, Special Utility Districts; and
Chapter 66, Stormwater Control Districts, the executive director shall
notify the chief clerk that the application is administratively complete.
(b) For those applications described in subsection
(a) of this section, 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
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 act on the application; and
(2) not later than the 30th day before the date on
which the commission may act on the application, the notice must be
posted on the bulletin board used for posting legal notices in each
county in which all or part of the proposed district is to be located.
(c) For those applications described in subsection
(a) of this section, 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.
(d) For a petition for the creation of a Special Utility
District in accordance with TWC, Chapter 65, which includes transfer
of the certificate of public convenience and necessity, the applicant
shall also, unless waived by executive director, mail copies of the
notice to customers of the water supply corporation and other affected
parties at least 120 days prior to approval. Such notice shall include
the following:
(1) name and business address of the district;
(2) a description of the service area involved;
(3) the anticipated effect of the conversion on the
operation or the rates and services provided to customers; and
(4) a statement that if a hearing is granted, persons
may attend the hearing and participate in the process.
(e) If a petition for the creation of a Special Utility
District in accordance with TWC, Chapter 65, contains a request for
approval of an impact fee, the applicant shall comply with the notice
provisions of §293.173 of this title (relating to Impact Fee
Notice Actions and Requirements).
(f) Regardless of whether a public hearing is held
or not, for an application for creation of a Special Utility District
in accordance with TWC, Chapter 65, the commission may only consider
a purpose for which the district is being created that is specified
in the resolution.
(g) The hearing action and notice requirements for
Local Government Code, Chapter 375, Municipal Management Districts
In General, are as follows.
(1) The chief clerk shall send a copy of the notice
of hearing to all counties in which the proposed district is located
and all municipalities which have extraterritorial jurisdiction in
the county or counties in which the proposed district is located and
which have formally requested notice of creation of all districts
in their county or counties. The chief clerk shall prepare a certificate
indicating that notice was properly mailed to any such counties and/or
municipalities.
(2) The chief clerk shall send a copy of the notice
of hearing to the petitioners, or their agents, who shall:
(A) cause the notice to be published in a newspaper
with general circulation in the municipality in which the proposed
district is located once a week for two consecutive weeks with the
first publication being at least 31 days prior to the date of the
commission hearing;
(B) send the notice of the hearing by certified mail,
return receipt requested, to all property owners within the district
at least 30 days before the hearing.
(h) Upon receipt of a petition to create a district
under TWC, Chapter 54, all of which is to be located outside the corporate
limits of a municipality, the executive director shall notify the
commissioners court of any county in which the proposed district is
to be located that the petition has been filed.
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| Source Note: The provisions of this §293.12 adopted to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715; amended to be effective September 14, 2000, 25 TexReg 8955; amended to be effective August 29, 2002, 27 TexReg 7942; amended to be effective October 26, 2006, 31 TexReg 8699; amended to be effective November 13, 2014, 39 TexReg 8730 |
