43 Tex. Admin. Code § 15.134

Current through Reg. 49, No. 49; December 6, 2024
Section 15.134 - Operation
(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.

43 Tex. Admin. Code § 15.134

The provisions of this §15.134 adopted to be effective February 20, 2002, 27 TexReg 1183