Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008 Page: 1,750
1657-1906 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
threshold for which a bidder is required to submit a security
deposit; TWC, 49.273(d), (e), and (f) to increase thresholds
from $25,000 to $50,000 for the requirement to advertise and
from $15,000 to $25,000 for the requirement to solicit at least
three competitive bids; and, TWC, 49.273 to add subsection
(m) to allow the board of a special law district to elect to con-
tract in accordance with TWC 49.273, even if it conflicts with
provisions in the district's special law.
SECTION BY SECTION DISCUSSION
293.11. Information Required to Accompany Applications for
Creation of Districts.
The commission proposes to amend 293.11(a)(3)(B) to reflect
that a city, in consenting to the creation of a district, may im-
pose a restriction requiring that a district's system meet fire flow
requirements. The commission proposes this change to imple-
ment TWC, 54.016(i), as added by HB 3378, 80th Legislative
Session, 2007. The change made by HB 3378, 80th Legisla-
tive Session, 2007, to add TWC, 54.016(i) applies to a city with
a population of 500,000 or more located within a county with a
population of at least 1.4 million and with the county also having
two or more cities with a population of at least 300,000.
The commission proposes to amend 293.11(d) to: add
293.11(d)(11) to reflect that a petitioner seeking creation of
a MUD may also request that road powers be granted, and
renumber existing 293.11(d)(11) as 293.11(d)(12). The com-
mission proposes this change to implement TWC, 54.234, as
amended by HB 3770, 80th Legislative Session, 2007.
293.32. Qualifications of Directors.
The commission proposes to amend 293.32(a)(1) to reflect re-
vised qualifications for a supervisor on a board of a FWSD, ex-
cept for a FWSD located wholly or partly in Denton County. The
commission proposes this change to implement TWC, 53.063,
as amended by HB 2984, 80th Legislative Session, 2007.
293.41. Approval of Projects and Issuance of Bonds.
The commission proposes to amend 293.41 (e) to reflect that a
district located outside of a planned community of at least 15,000
acres and wholly or partly within Montgomery County may is-
sue bonds supported by taxes to fund recreational facilities. The
commission proposes this change to implement TWC, 49.4645,
as amended by HB 1127, 80th Legislative Session, 2007.
293.63. Contract Documents for Water District Projects.
The commission proposes to amend 293.63(4) to reflect that a
district must accept a bid bond, meeting all applicable require-
ments, as a bid deposit if a contract is over $250,000. The com-
mission proposes this change to implement TWC, 49.271 (c),
as amended by HB 576, 80th Legislative Session, 2007.
The commission proposes to amend 293.63(4) to reflect an in-
crease in the threshold from $25,000 to $50,000 for which a bid-
der is required to submit a security deposit. The commission pro-
poses this change to implement TWC, 49.271 (c), as amended
by SB 657, 80th Legislative Session, 2007.
The commission proposes to add 293.63(8) to reflect: an in-
crease in the threshold from $25,000 to $50,000 for the require-
ment to advertise a district project; an increase in the threshold
from $15,000 to $25,000 for the requirement to solicit at least
three competitive bids; and a change in the notice publication
requirement from three to two consecutive weeks. The commis-sion proposes this change to implement TWC, 49.273(d), (e),
and (f), as amended by SB 657, 80th Legislative Session, 2007.
The commission proposes to add 293.63(9) to reflect that the
board of a special law district may elect to contract in accordance
with TWC, 49.273, even if it conflicts with provisions in the dis-
trict's special law. The commission proposes this change to im-
plement TWC, 49.273(m), as added by SB 657, 80th Legisla-
tive Session, 2007.
The commission proposes to add 293.63(10) to reflect that a
district with a population of more than 100,000 may use on a
limited basis the design-build process to construct defined civil
works projects. The commission proposes this change to im-
plement Local Government Code, Chapter 271, Subchapter J,
as added by HB 1886, 80th Legislative Session, 2007. The
changes made by HB 1886, 80th Legislative Session, 2007, to
add Local Government Code, Chapter 271, Subchapter J, re-
garding districts would apply to less than one percent of the total
number of water districts subject to Chapter 293.
293.201. District Acquisition of Road Utility District Powers.
The commission proposes to amend 293.201 to reflect that
road powers may be obtained at the time of creation of a MUD in
addition to the existing provision for obtaining road powers after
creation, and state the eligibility of roads that can be acquired,
constructed, and financed by a MUD, and conveyed to a mu-
nicipality, county, or state for operation and maintenance. The
commission proposes this change to implement TWC, 54.234,
as amended by HB 3770, 80th Legislative Session, 2007.
293.202. Application Requirements for Commission Approval.
The commission proposes to amend 293.202 to: place existing
requirements under new subsection (a) and modifying those
requirements to reflect that road powers in lieu of road utility
district powers can be obtained; delete the requirement that a
MUD have taxing authority to obtain road powers; and delete
the requirement that preliminary plans be approved by the
Texas Transportation Commission. The commission proposes
this change to implement TWC, 54.234, as amended by HB
3770, 80th Legislative Session, 2007.
The commission proposes to amend 293.202 to add subsection
(b) to reflect that road powers may be obtained at the time of
creation of a MUD with applicable application requirements. The
commission proposes this change to implement TWC, 54.234,
as amended by HB 3770, 80th Legislative Session, 2007.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERN-
MENT
Nina Chamness, Analyst, Strategic Planning and Assessment,
has determined that, for the first five-year period the proposed
rules are in effect, no significant fiscal implications are antici-
pated for the agency or other units of state or local governments
as a result of administration or enforcement of the proposed
rules. The agency will implement the proposed rules utilizing
existing agency resources.
During the 80th Legislature, Regular Session, HB 576, HB 1127,
HB 1886, HB 2984, HB 3378, HB 3770, and SB 657 were passed
to amend TWC, Chapters 49, 53, and 54, and Local Government
Code, Chapter 271. The proposed rulemaking would revise ex-
isting requirements or establish new requirements required by
this legislation relating to the administration of water districts and
the commission's supervision over the actions of these local gov-
ernments. Specifically, the proposed rulemaking would: require33 TexReg 1750 February 29, 2008
Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008, periodical, February 29, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90783/m1/91/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.