(a) Except as provided by Subsection (b), the commission shall make its determination regarding whether a certification should be granted under § 35.064 not later than the 90th day after the date the agreement is submitted.
(b) If a hearing is held under § 35.063, the commission shall make its determination regarding whether a certification should be granted not later than the 120th day after the date the agreement is submitted, except that this deadline is extended by two days for each day in excess of five days on which the commission conducts a hearing on the merits of the certification.

(c) If the commission does not make a determination by the date provided by Subsection (a) or (b), as applicable, the agreement is considered to meet the requirements of § 35.064 and the certification is considered granted.