1. (a) To secure approval for a prohibition or limitation under this subchapter, a governmental entity must file an application with the executive director. The application shall be in a form prescribed by the department and must be accompanied by the following information:

   1. (1) type of prohibition or limitation requested (specific area, times, permit fees etc.);
   2. (2) specific safety concerns (wires or cables above the water or on the surface, unusual types or numbers of boats, etc.);
   3. (3) the depth of water and any known obstacles under the surface;
   4. (4) interests of homeowners located on or near the body of water;
   5. (5) any other factors such as migratory waterfowl patterns, seasonal hunting, fishing, and tourism; and
   6. (6) any other documentation that the executive director determines is necessary to assist the commission in evaluating the approval criteria described in §30.404(a) of this title (relating to Commission Action).
2. (b) The executive director will investigate and analyze each application to develop a recommendation to the commission based on the criteria described in §30.404(a) of this title.

Source Note:The provisions of this §30.403 adopted to be effective December 12, 1999, 24 TexReg 10918.