(a) A change in project scope is a change in projects funded or a change in the land use plan used to support the feasibility of a commission approved bond issue which affects the central water or wastewater needs of the district or the amount of financial guarantees required pursuant to commission rules and that does not require an increase in the commission approved bond amount. All applications for a change in the project scope shall include:
  (1) a copy of a resolution or letter signed by a majority of the governing board, indicating concurrence in the proposed change;
  (2) revised land use plan;
  (3) revised build-out projections used to support the feasibility of the bond issue, if changed;
  (4) revised cash-flow analysis, if revised build-out projections have caused a reduction in projected assessed valuations;
  (5) a complete justification for the change;
  (6) the number of equivalent utility connections added or deleted by the change;
  (7) an engineer's certification as to the availability and sufficiency of water supply and wastewater treatment capacities to serve such additional connections;
  (8) a draft of the revised financial guarantee and an agreement between the district and developer, along with an engineer's cost estimate to complete the required projects if a change in the amount of financial guarantees is necessary to comply with commission rules;
  (9) a market study update if one was required at the time of the bond approval and bonds have not been issued and there has been a change in type of development;
  (10) plans and specifications approved by all entities having jurisdictional responsibilities;
  (11) filing fee in the amount of $100; and
  (12) other information as the executive director or commission may require.
(b) A change in plans is a change in commission-approved plans and specifications for construction work that is not under contract and that does not require a change in the commission approved bond amount.
  (1) No commission approval is required if the change in plans is $25,000 or less.
  (2) All applications for change in plans shall include:
    (A) a copy of a resolution or letter signed by the governing board, indicating concurrence in the proposed change (and for drainage districts, an advertisement affidavit indicating the proposed change in plans was published as required by the Texas Water Code, §56.123);
    (B) revised construction plans and specifications approved by all agencies and entities having jurisdictional responsibilities, i.e., city, county, state, and other, if required;
    (C) a revised land use plan, if changed;
    (D) a detailed explanation for the change;
    (E) a detailed cost summary showing additions and/or deletions to the approved plans and specifications and new cost estimate;
    (F) a statement indicating amount and source of funding for the change in plans, including how the available funds were generated;
    (G) the number of utility connections added or deleted by the change;
    (H) an engineer's certification as to the availability and sufficiency of water supply and wastewater treatment capacities to serve such additional connections;
    (I) a filing fee in the amount of $100; and
    (J) other information as the executive director or the commission may require.
  (3) For purposes of this section, if either the total additions or total deletions contained in the change order exceed $25,000, even though the net change in the contract price will be $25,000 or less, approval by the executive director is required.
(c) Copies of all changes in plans, specifications, and supporting documents for all water district projects will be sent directly to the appropriate commission field office, simultaneously with the submittal of the documents to the executive director.

Source Note: The provisions of this §293.82 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective April 15, 1994, 19 TexReg 2301.