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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 31. NATURAL RESOURCES AND CONSERVATION |
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PART 1. GENERAL LAND OFFICE |
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CHAPTER 29. PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES |
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SUBCHAPTER C. CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS |
SECTION 29.42. Enforcement after Commissioner Protest of a Proposed Agency Action
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(a) The agency with jurisdiction over a proposed action shall enforce provisions of the CMP. (b) If the attorney general issues an opinion under §29.39 of this chapter (relating to Agency Action After Commissioner Protest) that a proposed agency action is inconsistent with the CMP, the attorney general shall file suit in a district court of Travis County unless otherwise directed by the commissioner. (c) Notwithstanding the request for an opinion from, or the filing of a suit by the attorney general, the commissioner and the agency may enter into a settlement agreement with regard to the proposed action. If the commissioner and the agency enter into a settlement agreement, the commissioner may rescind the commissioner's request for an opinion from the attorney general. Source Note: The provisions of this §29.42 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675