SECTION 29.70. Commissioner Action on Review of a Proposed Subdivision Action

(a) On review, the commissioner may affirm or protest the subdivision's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and protests the proposed action. If the commissioner protests the proposed action, the commissioner shall issue written findings in writing to the subdivision. The commissioner's findings shall:

(1) specify how the proposed action is inconsistent with the CMP goals and policies; and

(2) include specific recommendations regarding how the proposed action may be modified or amended to make it consistent with the CMP goals and policies.

(b) The commissioner may recommend that a subdivision undertake only such actions as are within the authority of the subdivision. A goal or policy may not require a subdivision to perform an action that would exceed the constitutional or statutory authority of the subdivision to which the goal or policy applies.

Source Note: The provisions of this §29.70 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