SECTION 29.74. Enforcement after Commissioner Protest of a Proposed Subdivision Action


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  • (a) The agency or subdivision with jurisdiction over a proposed action shall enforce the CMP provisions.

    (b) If the attorney general issues an opinion pursuant to §29.71 of this chapter (relating to Subdivision Action After Commissioner Protest) finding that a proposed subdivision action is inconsistent with the CMP and the agency or subdivision fails to implement the commissioner's recommendation, 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 subdivision may enter into a settlement agreement with regard to the proposed action. If the commissioner and the subdivision 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 §29.74 adopted to be effective June 15, 1994, 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