Section 175.2 - Eligibility Requirements for Designation of a Readjustment Zone(a) Criteria for Readjustment Zone Designation. To be designated as a readjustment zone, an applicant must make written application to the Office for designation of an area within the applicant's jurisdiction and meet the qualifications specified in the Act, §§2310.101, 2310.102, 2310.103 and 2310.104.(b) The governing body of a county may not nominate area in a municipality or a municipality's extraterritorial jurisdiction to be included in a readjustment zone unless the municipality is a joint applicant with the county.(c) Documentation. An application for readjustment zone designation must contain the information and documentation specified in the Act, including the source, methodology and certification of the data. The application must provide adequate documentation of defense worker job loss during the period between the beginning of the federal fiscal year during which the event described in the Act, §2310.102, occurred and the date that the event is substantially complete. In order to establish eligibility, this documentation must include: (1) defense worker baseline data representing the number of defense workers employed during the fiscal year of the event described above;(2) number of defense worker jobs lost during the period between the fiscal year that the event was announced and the date the event is substantially complete; and(3) total number of people currently employed within the jurisdiction making application.(d) Information from Department of Defense manpower or personnel records, socio-economic impact studies and Environmental Impact Statements, United States Census Bureau, Department of Labor, or the Texas Workforce Commission reports or statistics are considered possible acceptable source documents. Other data provided by the local governmental entity and approved by the Office may also serve as appropriate documented evidence of defense worker job loss.(e) Citizen participation. The Office will not approve the designation of an area as a readjustment zone unless: (1) The governing body of an applicant first notifies the Office of the date it will hold a public hearing as required under the Act, §2310.103, and this chapter for the purpose of nominating an area as a readjustment zone or to amend the boundaries of a designated readjustment zone by encompassing additional area into the readjustment zone. The notice to the Office shall be given in writing not less than seven days prior to the date of the public hearing; and(2) Notice of such hearing is given to the public by publishing once in a newspaper of general circulation in the municipality or county or combination of municipalities or counties and posting a copy of the same at the city hall or county courthouse not later than seven days prior to the date of the hearing. Such notice shall contain a description of the area proposed by the municipality or county or combination of municipalities or counties to be designated as a readjustment zone, and the date, time, and location of such hearing. The description of the area must be worded so that residents of the area and other interested parties may reasonably identify the area to be discussed at the public hearing. The notice shall also encourage all interested parties, including residents of the proposed readjustment zone to present their views at the hearing. The hearing must include a presentation on the proposed location of the readjustment zone and the provision for any tax or other incentives applicable to business enterprises in the readjustment zone. A municipality or county or combination of municipalities or counties must adopt the readjustment zone nominating ordinance or order within 180 calendar days of the date the last public hearing was held.10 Tex. Admin. Code § 175.2
The provisions of this §175.2 adopted to be effective September 15, 1997, 22 TexReg 8961; amended to be effective August 5, 2012, 37 TexReg 5729