Texas Water Code 36.114 – Permit; Permit Amendment; Application and Hearing
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(a) The district by rule shall determine each activity regulated by the district for which a permit or permit amendment is required.
(b) For each activity for which the district determines a permit or permit amendment is required under Subsection (a), and that is not exempt from a hearing requirement under § 36.1145, the district by rule shall determine whether a hearing on the permit or permit amendment application is required.
Terms Used In Texas Water Code 36.114
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Rule: includes regulation. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) For all applications for which a hearing is not required under Subsection (b) or § 36.1145, the board shall act on the application at a meeting, as defined by § 551.001, Government Code, unless the board by rule has delegated to the general manager the authority to act on the application.
(d) The district shall promptly consider and act on each administratively complete application for a permit or permit amendment as provided by Subsection (c) or Subchapter M.
(e) If, within 60 days after the date an administratively complete application is submitted, the application has not been acted on or set for a hearing on a specific date, the applicant may petition the district court of the county where the land is located for a writ of mandamus to compel the district to act on the application or set a date for a hearing on the application, as appropriate.
(f) For applications requiring a hearing, the initial hearing shall be held within 35 days after the setting of the date, and the district shall act on the application within 60 days after the date the final hearing on the application is concluded.
(g) The district may by rule set a time when an application will expire if the information requested in the application is not provided to the district.
(h) An application is administratively complete if it contains the information set forth under Sections 36.113 and 36.1131. A district shall not require that additional information be included in an application for a determination of administrative completeness.