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 E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS
Section 29.71 - Subdivision Action after Commissioner Protest

(a) After the commissioner has protested a proposed subdivision action and reported its findings to the subdivision, the subdivision 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 subdivision shall notify the commissioner of its decision no later than 21 days after the date the subdivision receives the commissioner's written protest.

(b) If the commissioner finds that the subdivision 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.

(c) The subdivision 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 subdivision and the commissioner. In determining whether the proposed action is inconsistent, the attorney general shall consider the commissioner's findings and recommendations and the subdivision's response to the recommendations.