31 TAC § 13.39. Vacancy Application: Cost Deposit

(a) A cost deposit from the applicant is required for the agency to evaluate and investigate the vacancy application. Any required deposit shall be used only for the agency's administrative costs, the expenses of a survey (if the commissioner appoints a surveyor), and other investigative and related costs, including attorney ad litem fees, the cost of hearings, and recording fees. The minimum initial cost deposit for a vacancy application is usually not less than $3,000.00, and is significantly higher if the commissioner will appoint the surveyor.

(b) From time to time, the agency may require the applicant to pay a supplemental cost deposit to cover anticipated expenses related to the vacancy application. The agency will send a written request for a supplemental cost deposit to the applicant.

(c) The applicant shall submit cost deposit funds to the agency in cash (including cashier checks, certified checks, money orders or electronic funds transfer). The agency will inform the applicant in writing of the procedures for submitting payment. For purposes of this subchapter, the deposit date shall be the date of tender.

(d) The applicant must submit the required cost deposits no later than the date set forth in the agency's written notice that a cost deposit is due. If the applicant fails to timely submit the initial deposit or within the time period set forth in the notice for a supplemental cost deposit, the agency may terminate the application without prejudice, and shall so notify the applicant in writing.

(e) At the conclusion of the vacancy proceeding, the agency will provide a written statement to the applicant of all deposits and expenditures from the cost deposits paid by the applicant. Such a statement may be issued to the applicant during the proceeding upon written request.

(f) The unexpended balance of the cost deposit will be refunded to the applicant at conclusion of the vacancy process.