Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,189
1163-1244 p. ; 28 cm.View a full description of this periodical.
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(5) persons who request to be put
on the mailing list and participants in past
commission proceedings for the district and/
or levee(s) or other improvements; and
(6) any other person the commis-
sion may include, or the executive director
may identify after review of the data sub-
mitted as required by 301.33 of this title
(relating to Data To Be Submitted).
(c) Failure to mail notice to the entities
listed in subsection (b)3) of this section shall
not rende lotice invalid pursuant to this
section.
6301.53. Notice of the Application by Pub-
licatioa.
(a) Upon being notified by the chief
clerk of the commission to publish a notice
of application and commission action, the
applicant shall cause the notice to be pub-
lished in a newspaper of general circulation
in each county wherein the project would
have potential impact as set forth in 301.33
of this title (relating to Data To Be Submit-
ted) and 301.52 of this title (relating to No-
tice of the Application by Mail). Publication
in one newspaper is sufficient if the news-
paper is of general circulation in each coun-
ty or counties throughout the area of poten-
tial impact.
(b) The date of publication of notice
of the application and commission action
shall be on or before the date of publication
directed by the chief clerk of the commis-
sion. In any event, the date of publication
shall be not less than 30 days before the date
set for commission consideration of the ap-
plication. The applicant shall pay the costs
of publication.
1301.54. Action on the Application.
(a) Action without public hearing.
The commission may take action on an ap-
plication at a regular meeting without hold-
ing a public hearing provided:
(1) at least 30 days prior to the reg-
ular meeting at which action is taken, notice
of the application and commission action has
been given by mail and by publication; and
(2) within the 30-day period after
the publication of the notice, no request for
a public hearing has been submitted by a
commissioner, the executive director, or an
affected person who objects to the application.
(b) Requ st for public hearing.
(1) A request for public hearing
under this chapter made by an affected per-
son who objects to the application must be
in writing and must be submitted to the com-
mission within 30 days after the publication
of the notice of application. The commis-
sion may extend the time allowed for sub-
mitting a request for public hearing.
(2) The written request shall contain
the following information:
(A) the name, mailing address,
and phone number of the person making the
request;
(B) the application number or
other recognizable reference to the application;(C) a brief description of the in-
terest of the requester, or of persons repre-
sented by the requester; and
(D) a brief description of how the
application, if granted, would adversely af-
fect such interest.
(3) If the commission determines
that the request for public hearing is in sub-
stantial compliance with this section, or that
a public hearing would serve the public in-
terest, the commission shall conduct a public
hearing.
301.55. Publication of Notice of Public
Hearing.
(a) If a public hearing shall be held
pursuant to 301.54 of this title (relating to
Action On the Application), the applicant
shall cause the notice to be published in a
newspaper of general circulation in each
county wherein the project would have po-
tential impact. Publication in one newspaper
is sufficient if the newspaper is of general
circulation in each county or counties through-
out the area of potential impact.
(b) A notice of hearing shall identify
the application, the date, time, place, and
nature of the hearing, the legal authority and
jurisdiction under which the hearing is to be
held, the proposed action, the requirements
for submitting written protests, the method
for obtaining additional information, and
such other information the commission
deems necessary.
(c) The date of publication of notice
of public hearing shall be on or before the
date of publication directed by the comnmis-
sion. In any event, the date of publication
of notice of public hearing shall be not less
than 30 days before the date set for the pub-
lic hearing. The applicant shall pay the costs
of publication.
301.56. Notice of Remanded Hearing.
A hearing on an application which has been
remanded by the commission to the office
of hearings examiners may be held without
the necessity of issuing further notice other
than advising the applicant, executive direc-
tor, public interest advocate, other parties,
and all persons who have in writing notified
the commission of their interest in the ap-
plication of the time and place where the
hearing is to convene. The chief clerk of the
commission shall mail such notice to these
persons not less than 10 days before the date
of the hearing.
Issued in Austin, Texas, on February 25, 1986.
TRD-8601988 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further information, please call
(512) 463.8070.40
Subchapter E. Unauthorized
Levees and Other Improvements
*31 TAC 301.61-301.63
These new sections are adopted on an
emergency basis under the Texas Water
Code, 5.103, which provides the Texas
Water Commission with the authority to
adopt rules necessary to carry out its
powers and duties under the Texas Water
Code and the laws of the state.
301.61. Construction without Authoria-
tion. If any person, corporation, political
subdivision, or other entity has constructed
or begun work upon a levee or other improve-
ment for which commission approval is re-
quired by the Texas Water Code and this
chapter, and if commission approval has not
been obtained for such project, the executive
director shall immediately notify the person,
corporation, political subdivision, or other
entity that it is in violation of the Texas
Water Code and this chapter, and that unless
the project is brought into compliance with
the criteria and requirements of the Texas
Water Code and this chapter within a period
of time determined appropriate by the ex-
ecutive director and stated in such notice, the
executive director may request the attorney
general or the appropriate court for appro-
priate remedies under the Texas Water Code.
At the expiration of the time period stated
in such notice, the executive director may re-
quest its legal representative to institute such
action in the courts?
301.62 Removal or ModQfication ofLev-
ees and Other Improvements. Removal or
modification of a levee and/or uod improve-
ment shall be done at the owners expense,
and except for emergency action required to
protect lives and property, only after execu-
tive director approval. The executive direc-
tor may require the owner to provide plans
and specifications. The execut e director
may seek an ordcr from the commission or
an injunction through the attorney general
and the courts requiring the removal or mod-
ification of levees or other improvements
which are not authorized by law or which
have been determined to pose an unaccept-
able hazard to lives or property.
301.63. Emergency Action. Emergency
orders may be issued, without notice to the
owner, directing the owner of a levee or
other improvement to take immediate and
appropriate action to remedy situations pos-
ing serious threat to human life, health,
and/or property.
Issued in Austin, Texas, on February 25, 1986.
TRD.8601989 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further Information, please call
(51 ) 463.8070.4 Emrec uls Mrh1, 96 1 eRq18
4P Emergency Ruls
March 11, 1986 11 TexReg 1189
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/27/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.