SECTION 33.55. Conditional Approval

(a) Unless the exception in subsection (b) of this section applies, the commission shall not issue a new license or permit until 15 days have elapsed since the commission updated its public database to show the application as pending.

(b) If the executive director determines that there is a compelling reason to issue a license or permit before 15 days have elapsed since the commission updated its public database to show the application as pending, the executive director may grant conditional approval of the license or permit. If no valid protests are filed at the end of the 15-day period, the license or permit becomes approved by operation of law. If one or more valid protests are filed before the time period for filing protests has expired, the conditional approval is revoked and the executive director shall provide notice of the revocation to the applicant.

(c) Approval of an application for a license or permit is conditional until the payment of application fees has cleared. If a financial instrument is returned for insufficient funds, or there is any other failure of fee payment, and the applicant fails to remit required fees within ten (10) business days of the agency's request for payment, the application may be considered withdrawn by the applicant pursuant to section 33.57 of this title. If the application is considered withdrawn, conditional approval is revoked, and the executive director shall provide notice of the revocation to the applicant. Revocation of conditional approval for a renewal application results in expiration of the license or permit and the applicant must re-apply and pay the fees for an original license or permit application.

(d) An applicant who chooses to proceed with operations while subject to a conditional approval does so at its own risk of loss in the event that the conditional approval is revoked and it fails to obtain or maintain the necessary license or permit. If an applicant fails to obtain the license or permit following conditional approval, the commission shall refund fees paid pursuant to section 33.25 of this title.

Source Note: The provisions of this §33.55 adopted to be effective December 31, 2020, 45 TexReg 7241; amended to be effective February 13, 2023, 48 TexReg 660