SECTION 2.360. Procedures for State Acquisition of Real Property

(a) If the commission proposes the acquisition of real property necessary to enable it to meet its responsibilities as the nonfederal sponsor of the GIWW, or if the commission proposes to participate in the cost of a project to beneficially use dredge material that requires the acquisition of an interest in real property, the commission, through the department, will hold a public hearing to receive evidence and testimony concerning the desirability of the disposal plan, the proposal to use the real property as a dredged material placement area under an existing disposal plan, or the beneficial use project.

(b) The department will publish notice of the plan, proposal, or project and the date, time, and place of the public hearing at least once a week for three successive weeks before the hearing in a newspaper of general circulation of each county in which any part of a proposed dredge material disposal site, channel alteration, or beneficial use project would be located.

(c) The department also will:

(1) publish notice of the hearing in at least one edition of the Texas Register; and

(2) post notice of the hearing on the department's website.

(d) The department will display the U.S. Army Corps of Engineers' environmental documents and findings at the public hearing.

(e) Comments, testimony, or evidence may be given in person or in writing during the public hearing or may be submitted in writing to the department during the prescribed public comment period.

Source Note: The provisions of this §2.360 adopted to be effective March 13, 2024, 49 TexReg 1504