SECTION 355.72. Criteria for Eligibility

(a) Political subdivisions must meet the appropriate requirements of this section before the board may consider an application for financial assistance for facility planning.

(1) A county within which the political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, §16.343. Copies of the model subdivision rules are available upon request from the Texas Water Development Board, Office of General Counsel, P.O. Box 13231, Austin, Texas 78711 or the board's web site http://www.twdb.state.tx.us/publications/rules/rules.asp.

(2) A municipality which applies for financial assistance or within which a political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, §16.343, if the economically distressed area to be served is partially or wholly located within the incorporated limits of the municipality.

(3) A political subdivision applying for facility planning assistance must provide a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance as well as citation to the laws under which the political subdivision was created and is operating.

(4) A political subdivision shall have submitted for review:

(A) an annual audit for the most recent fiscal year of the political subdivision and financial statements for the three previous complete months;

(B) the most recent order or resolution establishing the rates and charges for the utility service for which the planning will be performed;

(C) the current capital improvement plan for the utility service for which the planning will be performed;

(D) an executed contract with the consulting engineer to prepare the facility plan and sufficient documentation to establish that the political subdivision complied with §355.77 of this title in procuring the services of the consulting engineer.

(b) If the applicant is a local governmental entity as defined in the Health and Safety Code, Chapter 366, then before the board provides financial assistance for facility planning, the applicant must provide satisfactory evidence that it has taken and will take all actions necessary to receive and maintain a designation as an authorized agent of the commission as set forth in that chapter.

Source Note: The provisions of this §355.72 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective April 13, 1995, 20 TexReg 2392; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective February 10, 2000, 25 TexReg 800; amended to be effective November 7, 2000, 25 TexReg 10925; amended to be effective January 2, 2007, 31 TexReg 10802; amended to be effective February 18, 2008, 33 TexReg 1348