(a) If the commission finds that the impact fee is reasonable, equitable, and necessary as a mechanism to finance improvements to serve the designated service area, the commission shall approve the capital improvements plan and impact fee. The commission may approve an impact fee amount that is different than the impact fee amount requested in the application for commission approval; however, in no event shall the commission approve an impact fee amount higher than the impact fee amount contained in the notice required under §293.173(b) of this title (relating to Impact Fee Notice Actions and Requirements).
(b) The commission shall issue an order defining the impact fee to be imposed based on evidence presented.

Source Note: The provisions of this §293.174 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective June 5, 1998, 23 TexReg 5715.