Texas Water Code 36.404 – Notice
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(a) If the general manager or board schedules a public hearing on an application for a permit or permit amendment, the general manager or board shall give notice of the hearing as provided by this section.
(b) The notice must include:
(1) the name of the applicant;
(2) the address or approximate location of the well or proposed well;
(3) a brief explanation of the proposed permit or permit amendment, including any requested amount of groundwater, the purpose of the proposed use, and any change in use;
(4) the time, date, and location of the hearing; and
(5) any other information the general manager or board considers relevant and appropriate.
Terms Used In Texas Water Code 36.404
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Not later than the 10th day before the date of a hearing, the general manager or board shall:
(1) post notice in a place readily accessible to the public at the district office;
(2) provide notice to the county clerk of each county in the district; and
(3) provide notice by:
(A) regular mail to the applicant;
(B) regular mail, facsimile, or electronic mail to any person who has requested notice under Subsection (d); and
(C) regular mail to any other person entitled to receive notice under the rules of the district.
(d) A person may request notice from the district of a public hearing on a permit or a permit amendment application. The request must be in writing and is effective for the remainder of the calendar year in which the request is received by the district. To receive notice of a public hearing in a later year, a person must submit a new request. An affidavit of an officer or employee of the district establishing attempted service by first class mail, facsimile, or e-mail to the person in accordance with the information provided by the person is proof that notice was provided by the district.
(e) Failure to provide notice under Subsection (c)(3)(B) does not invalidate an action taken by the district at the hearing.