Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND
Section 17.41 - Compliance or Petition for Judicial Review

Universal Citation: 31 TX Admin Code ยง 17.41

Current through Reg. 49, No. 38; September 20, 2024

(a) Not later than the 30th day after the date on which the commissioner's order is effective, pursuant to § 17.43 of this title (relating to Effective Date of Order), the order shall be complied with or a petition for judicial review shall be filed.

(b) Judicial review of the order or decision of the commissioner shall be under the Texas Government Code, § 2001.171, et seq.

(c) If neither the commissioner nor the party affected by the order files a petition for judicial review, the private party must pay all assessed penalties, removal costs, and other assessed fees, costs and expenses within 60 days after the date on which the commissioner's order is final. If the private party neither seeks judicial review nor pays the full assessed amount within 60 days, the commissioner may:

(1) sell salvageable parts or attachments of the unauthorized or dangerous structure to offset any penalties, costs, and other fees and expenses assessed;

(2) record a lien against such adjacent littoral property, as may be owned by the party who constructed, maintained, owned or possessed the unauthorized or dangerous structure, in the total amount of the penalties, costs, and other fees and expenses assessed;

(3) request the attorney general to institute civil proceedings to collect the penalties, costs, and other fees and expenses remaining unpaid; or

(4) use any combination of the remedies prescribed by this subsection or other remedies authorized by law to collect the unpaid penalties, costs, and other fees and expenses assessed.

(d) For purposes of this section, the term "costs" includes any and all costs of removal, clean up, transportation, fill, disposal, remediation, administration, agency overhead and other indirect costs (computed according to custom and practice in the agency and state government), attorney and/or expert witness fees, and any other cost the agency incurs as a result of removing and disposing of the unauthorized or dangerous structure and placing state land as nearly as possible in the condition in which it existed prior to construction of the unauthorized or dangerous structure. The agency may recover all such costs, without limitation, whether performing the activities itself using agency employees or by using third-party vendors or contractors with the agency.

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