Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS
Section 29.38 - Commissioner Determination on Review of a Proposed Agency Action

Universal Citation: 31 TX Admin Code ยง 29.38

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

(a) On review, the commissioner may affirm or protest an agency's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and protests the proposed action. If the commissioner protests the proposed action, the commissioner shall issue written findings to the agency or subdivision within 26 days after the date the agency or subdivision proposed the action. The commissioner's findings shall:

(1) specify how the proposed action is inconsistent with the CMP goals and policies; and

(2) include specific recommendations regarding how the proposed action may be modified or amended to make it consistent with the CMP goals and policies.

(b) The commissioner may recommend that an agency undertake only such actions as are within the authority of the agency. A goal or policy may not require an agency to perform an action that would exceed the constitutional or statutory authority of the agency to which the goal or policy applies.

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