1. (a) Each RWPG and any committee or subcommittee of an RWPG are subject to Chapters 551 and 552, Government Code. A copy of all materials presented or discussed at an open meeting shall be made available for public inspection prior to and following the meetings and shall meet the additional notice requirements when specifically referenced as required under other subsections. In addition to the notice requirements of Chapter 551, Government Code, the following requirements apply to RWPGs.

2. (b) All public notices required by this subsection shall comply with this section and shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: regular RWPG meetings; amendments to the regional water planning scope of work or budget; population projection and Water Demand projection revision requests to the EA regarding draft projections; process of identifying potentially feasible WMSs for plans previous to the 2026 RWPs; meetings to replace RWPG members or addition of new RWPG members; submittal of request to EA for approval of an Alternative WMS substitution; declaration of implementation of simplified planning following public hearing on intent to pursue simplified planning; adoption of RWPs; and RWPG committee and subcommittee meetings.
   2. (2) Published 72 hours prior to the meeting.

   3. (3) Notice shall include:

      1. (A) a date, time, and location of the meeting;
      2. (B) a summary of the proposed action to be taken; and
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted.

   4. (4) Entities to be notified in writing include:

      1. (A) all voting and non-voting RWPG members; and
      2. (B) any person or entity who has requested notice of RWPG activities.

   5. (5) Notice and agenda to be posted:

      1. (A) On the website of the RWPG or host Political Subdivision. In lieu of posting the meeting notice and agenda on the website of the RWPG or host Political Subdivision, the notice and agenda may be provided, in writing, to the County Clerk of each county in the RWPA; and
      2. (B) Texas Secretary of State website.

   6. (6) Documents to be made available on the internet or in hard copy for public inspection prior to and following meeting include:

      1. (A) Agenda of meeting; and
      2. (B) Copies of all materials presented or discussed at the meeting.

3. (c) Notice under this subsection shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: population projection and Water Demand projection revision requests to officially adopted Board projections; approval to submit Technical Memorandum; substitution of Alternative WMSs; process of identifying potentially feasible WMSs and presentation of analysis of infeasible WMSs or WMSPs for plans beginning with the 2026 plan; and minor amendments to RWPs.
   2. (2) Notice of meetings under this subsection shall be published/postmarked on the internet and emailed or mailed to the public before the 14th day preceding the date of the meeting.

   3. (3) Notice shall include:

      1. (A) a date, time, and location of the meeting;
      2. (B) a summary of the proposed action to be taken;
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted; and
      4. (D) information that the RWPG will accept written and oral comments at the meetings and information on how the public may submit written comments separate from such meetings. The RWPG shall specify a deadline for submission of public written comments of not earlier than 14 days after the meeting.

   4. (4) Entities to be notified in writing include:

      1. (A) all voting and non-voting RWPG members;
      2. (B) any person or entity who has requested notice of RWPG activities;
      3. (C) each RWPG where a recommended or Alternative WMS being considered would be located; and
      4. (D) for actions associated with infeasible WMSs or WMSPs, each project sponsor of a WMS or WMSP identified as infeasible.

   5. (5) Notice and associated meeting agenda to be posted:

      1. (A) On the website of the RWPG or host Political Subdivision. In lieu of posting the meeting notice and agenda on the website of the RWPG or host Political Subdivision, the notice and agenda may be provided, in writing, to the County Clerk of each county in the RWPA; and
      2. (B) Texas Secretary of State website.

   6. (6) Documents to be made available on the internet or in hard copy for public inspection prior to and following meeting include:

      1. (A) Agenda of meeting; and
      2. (B) Copies of all materials, reports, plans presented or discussed at the meeting.

   7. (7) Public comments to be accepted as follows:

      1. (A) Written comments for 14 days prior to meeting with comments considered by RWPG members prior to action;
      2. (B) Oral and written public comment during meeting; and
      3. (C) Written comments must also be accepted for 14 days following the meeting and all comments received during the comment period must be submitted to the Board by the RWPG.

4. (d) Notice under this subsection shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: holding a preplanning public meeting to obtain public input on development of the next RWP; public hearings on declarations to pursue simplified planning, major amendments to RWPs; and holding hearings for IPPs.
   2. (2) Notice shall be published in a newspaper of general circulation in each county located in whole or in part in the RWPA before the 30th day preceding the date of the public meeting or hearing.

   3. (3) Notice of the public meetings and public hearings shall include:

      1. (A) a date, time, and location of the public meeting or hearing;
      2. (B) a summary of the proposed action to be taken;
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted; and
      4. (D) information that the RWPG will accept written and oral comments at the hearings and information on how the public may submit written comments separate from such hearings. The RWPG shall specify a deadline for submission of public written comments as specified in paragraph (9)(A) of this subsection.
   4. (4) RWPGs shall make copies of the IPP available for public inspection at least 30 days before a public hearing required or held by providing a copy of the IPP in at least one public library in each county and either the county courthouse's law library, the county clerk's office, or some other accessible place within the county courthouse of each county having land in the RWPA and include locations of such copies in the notice for public hearing. For distribution of the IPP and adopted RWP, the RWPG may consult and coordinate with county and local officials in determining the most appropriate location in the county courthouse to ensure maximum accessibility to the public during business hours. Additionally, the RWPG may consult with local and county officials in determining which public library in the county can provide maximum accessibility to the public. According to the capabilities of the facility, the RWPG may provide the copy electronically, on electronic media, through an internet web link, or in hard copy. The RWPG shall make an effort to ensure ease of access to the public, including where feasible, posting the IPP on websites and providing notice of such posting. The public inspection requirement in this subsection applies only to IPPs; adopted RWPs are only required to be submitted to the Board pursuant to Texas Water Code, §16.053(i).

   5. (5) Notice shall be mailed to, at a minimum, the following:

      1. (A) Notification of all entities that are to be notified under subsection (c)(4) of this section;
      2. (B) Each mayor of a municipality, located in whole or in part in the RWPA, with a population of 1,000 or more or which is a county seat;
      3. (C) Each county judge of a county located in whole or in part in the RWPA;
      4. (D) Each special or general law district or river authority with responsibility to manage or supply water in the RWPA based upon lists of such water districts and river authorities obtained from the Commission; and
      5. (E) each Retail Public Utility, defined as a community water system, that serves any part of the RWPA or receives water from the RWPA based upon lists of such entities obtained from the Commission;
      6. (F) each holder of record of a water right for the use of surface water the diversion of which occurs in the RWPA based upon lists of such water rights holders obtained from the Commission;
      7. (G) for declarations of intent to pursue simplified planning, RWPGs with water supply sources, WMSs, or WMSPs shared with the RWPG declaring intent to pursue simplified planning; and
      8. (H) for amendments associated with infeasible WMSs or WMSPs, each project sponsor of a WMS or WMSP identified as infeasible.

   6. (6) Notice and associated hearing and meeting agenda shall also be posted:

      1. (A) On the website of the RWPG or host Political Subdivision. In lieu of posting the meeting notice and agenda on the website of the RWPG or host Political Subdivision, the notice and agenda may be provided, in writing, to the County Clerk of each county in the RWPA;
      2. (B) Texas Secretary of State website; and
      3. (C) In the Texas Register.

   7. (7) Documents to be made available on the internet or in hard copy for public inspection prior to and following meeting include:

      1. (A) Agenda of meeting; and
      2. (B) Copies of all materials presented or discussed at the meeting.
   8. (8) The public hearing for the IPP shall be conducted at a central location readily accessible to the public within the regional water planning area.

   9. (9) Public comments to be accepted as follows:

      1. (A) Written comments submitted immediately following 30-day public notice posting and prior to and during meeting or hearing; and

         1. (i) Until not earlier than 30-days following the date of the public hearing on a major amendment to an RWP or declaration of intent to pursue simplified planning.
         2. (ii) Until not earlier than 60 days following the date of the public hearing on an IPP.
      2. (B) Verbal public comments at the noticed meeting or hearing;

      3. (C) Comments received must be considered as follows:

         1. (i) Comments associated with hearings must be considered by RWPG members when declaring implementation of simplified planning, adopting an RWP or adopting a major amendment to an RWP.
         2. (ii) Comments associated with a preplanning meeting must be considered prior to taking RWPG action.

5. (e) Notice under this subsection shall meet the following requirements:

   1. (1) These notice requirements apply when an RWPG is requesting research and planning funds from the Board.
   2. (2) Notice shall be published in a newspaper of general circulation in each county located in whole or in part in the RWPA at least 30 days prior to Board consideration of funding applications.
   3. (3) Notice shall include the name and address of the eligible applicant and the name of the applicant's manager or official representative; a brief description of the RWPA; the purposes of the planning project; the Board's name, address, and the name of a contact person with the Board; a statement that any comments must be filed with the EA and the applicant within 30 days of the date on which the notice is mailed or published. Prior to action by the Board, the applicant must provide one copy of the notice sent, a list of those to which the notice was sent, the date on which the notice was sent, copies of all notices as published showing name of the newspaper and the date on which the notice was published.

   4. (4) Notice shall be mailed to, at a minimum, the following:

      1. (A) Each mayor of a municipality, located in whole or in part in the RWPA, with a population of 1,000 or more or which is a county seat;
      2. (B) Each county judge of a county located in whole or in part in the RWPA;
      3. (C) Each special or general law district or river authority with responsibility to manage or supply water in the RWPA based upon lists of such water districts and river authorities obtained from the Commission; and
      4. (D) All other RWPGs.
   5. (5) Notice shall also be posted on the website of the RWPG or host Political Subdivision.

Source Note:The provisions of this §357.21 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158.