1. (a) The commission shall consider the executive director's proposed designation of PGMAs using the procedures set out in this subchapter.

2. (b) The commission shall call an evidentiary hearing to consider:

   1. (1) the proposed designation of a PGMA;
   2. (2) whether a district should be created, and if so, whether it should include all or part of a PGMA; or
   3. (3) whether all or part of the land in the PGMA should be added to an existing district.
3. (c) Evidentiary hearings shall be held in one of the counties in which the PGMA is proposed to be located, or in the nearest convenient location, if adequate facilities are not available in those counties.
4. (d) At the hearing, the commission, or a judge, if the hearing is remanded to SOAH, shall hear testimony and receive evidence from affected persons. The executive director may request that the hearing be remanded to SOAH. The commission or the judge shall consider the executive director's report and supporting information and the testimony and evidence received at the hearing. If the commission or judge considers further information necessary, the commission or judge may request such information from any source.
5. (e) The designation or non-designation of a PGMA may not be appealed nor may it be challenged under Texas Government Code §2001.038.
6. (f) The commission shall have notice of the hearing published in at least one newspaper with general circulation in the county or counties in which the area proposed for designation as a PGMA or the area within a PGMA being considered for district creation or for addition to an existing district is located. Notice must be published not later than the 30th day before the date set for the commission to consider the designation of the PGMA, and the need for the creation of a district in a PGMA, or the addition of land in a PGMA to an existing district.

7. (g) Notice of the hearing must include:

   1. (1) if applicable, a statement of the general purpose and effect of designating the proposed PGMA;
   2. (2) if applicable, a statement of the general purpose and effect of creating a district in the PGMA;
   3. (3) if applicable, a statement of the general purpose and effect of adding all or part of the land in the PGMA to an existing district;
   4. (4) a map generally outlining the boundaries of the area being considered for PGMA designation or if different the area within the proposed PGMA being recommended for district creation or for addition to an existing district, or notice of the location at which a copy of the map may be examined or obtained;
   5. (5) a statement that the executive director's report concerning the PGMA or proposed PGMA is available at the commission's main office in Austin, Texas, and at regional offices of the commission for regions which include territory within the PGMA or proposed PGMA and that the report is available for inspection during regular business hours;
   6. (6) a description of the name of the locations in the affected area at which the commission has provided copies of the executive director's report to be made available for public inspection;
   7. (7) the name and address of each public library, each county clerk's office, and each district to which the commission has provided copies of the executive director's report; and
   8. (8) the date, time, and place of the hearing.
8. (h) The commission shall also give written notice of the date, time, place, and purpose of the hearing to the governing body of each county, regional water planning group, adjacent groundwater district, municipality, river authority, water district, or other entity which supplies public drinking water, including each holder of a certificate of convenience and necessity issued by the commission, and of each irrigation district, located either in whole or in part in the PGMA or proposed PGMA. This notice shall be given before the 30th day preceding the date set for the hearing.

9. (i) At the conclusion of its hearing and considerations, the commission shall issue an order stating its findings and conclusions:

   1. (1) If the commission decides that a PGMA should be designated, the commission shall designate and delineate the boundaries of the PGMA.
   2. (2) If the commission designates the area as a PGMA, and it finds that the land and other property in the PGMA would benefit from the creation of one or more districts, that there is a public need for one or more districts, and that the creation of one or more districts would further the public welfare, the commission shall include in its order the finding that creation of one or more district is needed.
   3. (3) If the commission designates the area as a PGMA, and if land in a PGMA is located adjacent to one or more existing districts, the commission may include in its order a finding that the PGMA be added to an existing district designated by the commission. In its order, the commission must find that the land and other property in the PGMA and the land in the existing district will benefit from the addition of the area, that there is a public need to add the PGMA to the existing district, and that the addition of the land to the existing district would further the public welfare.
   4. (4) If the commission fails to find that a district would be a benefit to the land and other property within the PGMA, that there is a public need for the district, or that creation of the district or annexation to an existing district will further the public welfare, the commission's order shall state that a district should not be created within the boundaries of the PGMA.
10. (j) The Administrative Procedures Act, Texas Government Code Annotated, §2001 et seq., does not apply to evidentiary hearings held under this subsection.

Source Note:The provisions of this §294.42 adopted to be effective February 21, 1999, 24 TexReg 965.