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 29.39 - Agency Action after Commissioner Protest

(a) After the commissioner has protested a proposed action and issued written findings and recommendations to the agency, the agency shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the CMP goals and policies. The agency shall notify the CMP coordinator of its decision no later than 21 days after the date the agency receives the commissioner's written protest.

(b) If the commissioner finds that the agency did not amend or modify the proposed action either to conform substantially with the commissioner's recommendations or to achieve the same results as the commissioner's recommendations, the commissioner shall refer the matter to the attorney general for a legal opinion on consistency of the proposed action with the CMP goals and policies. The agency is stayed from taking the proposed action until the attorney general issues the opinion. The attorney general shall issue an opinion before the 26th day after the date the commissioner requests the opinion. The attorney general shall base the opinion on the record before the agency and the commissioner. In determining whether the proposed action is inconsistent, the attorney general shall consider the commissioner's findings and recommendations and the agency's response.