SECTION 29.67. Procedures for Commissioner Review of a Proposed Subdivision Action

(a) The CMP coordinator shall, by certified mail or hand delivery, provide notice of any hearing at which the commissioner will review a proposed action to:

(1) the subdivision proposing the action;

(2) the applicant, if other than the subdivision; and

(3) the person(s) filing the Request for Referral.

(b) In conducting reviews, the commissioner shall consider only:

(1) the record before the subdivision involved in the matter under review;

(2) the subdivision's findings;

(3) applicable laws and rules;

(4) any additional information provided by the subdivision; and

(5) the oral or written testimony of any person regarding the CMP as the testimony relates to the subdivision proposed action or activity. Notice of the period during which testimony will be received shall be published in the Texas Register and in a newspaper of general circulation in each county directly affected by the matter under review before the review period begins. The commissioner may reasonably limit the length and format of the testimony and the time at which it will be received.

(c) If the subdivision did not hold a hearing, make a record, or make findings, the commissioner may hold a hearing and make findings necessary for a complete and thorough review.

(d) The commissioner shall determine whether an action is consistent with the CMP goals and policies before the 26th day after the subdivision has proposed the action.

Source Note: The provisions of this §29.67 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