Tex. Nat. Resources Code Section 33.206
Action by Commissioner or Attorney General

(a)

A proposed action is consistent with the goals and policies of the coastal management program and approved by the commissioner unless the commissioner determines the action to be inconsistent with the coastal management program and protests the action.

(b)

If the commissioner protests the proposed action, the commissioner shall report the commissioner’s findings on the matter to the agency or subdivision. The report shall specify how the proposed action is inconsistent with the goals and policies of the coastal management program and include specific recommendations of the commissioner regarding how the proposed action may be modified or amended to make it consistent with the program. Before the 21st day after the date the agency or subdivision receives the report, the agency or subdivision shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the goals and policies of the coastal management program and shall notify the commissioner of its decision.

(c)

If an agency or subdivision does not modify or amend a proposed action to be consistent with the goals and policies of the coastal management program, the commissioner shall request the attorney general to issue an opinion on the consistency of the proposed action with the coastal management program. The agency or subdivision is stayed from taking the proposed action until the attorney general issues the opinion. The attorney general shall issue an opinion before the 26th day after the date the commissioner requests the opinion.

(d)

The commissioner shall adopt guidance and procedural rules for the review of federal actions, activities, and outer continental shelf plans that incorporate the provisions of federal regulations governing those reviews. The guidance and rules shall provide that the commissioner or any three committee members may request additional information from a federal agency or additional time for review as provided by the federal regulations.

(e)

The commissioner shall review any federal action, activity, or outer continental shelf plan that any three committee members agree presents a significant unresolved issue regarding consistency with the goals and policies of the coastal management program.

(f)

If an activity requiring an agency or subdivision action described by Section 33.2053 (Individual Agency or Subdivision Actions) that falls above thresholds in effect under Section 33.2052 (Certification of Agency Rules; Agency Actions Considered Consistent) also requires an equivalent federal permit or license, the commissioner may determine the consistency of the agency or subdivision action or the federal license or permit, but not both. The determination regarding the consistency of an action made by the commissioner under this subsection constitutes the state’s determination regarding consistency of the equivalent agency or subdivision action or federal action.

(g)

Notwithstanding the other provisions of this subchapter, on request for referral, the commissioner may not review a consistency determination of the land office, the commissioner, or the board. The commissioner shall refer a request for a review of the consistency of such an action to the attorney general not later than the second day after the date the commissioner receives the request. The attorney general shall determine whether the action is consistent with the goals and policies of the coastal management program in accordance with the applicable provisions of this subchapter governing determinations by the commissioner. If the attorney general determines the action to be inconsistent with the goals and policies of the coastal management program, the attorney general may protest the action in accordance with the provisions of this subchapter governing protests by the commissioner. A protest by the attorney general has the same effect as a protest by the commissioner. The attorney general may adopt rules as necessary to implement this subsection.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991. Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 15, eff. September 1, 2011.

Source: Section 33.206 — Action by Commissioner or Attorney General, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­33.­htm#33.­206 (accessed Jun. 5, 2024).

33.001
Policy 33.002
Purpose 33.003
Short Title 33.004
Definitions 33.005
Effect of Chapter 33.011
Board to Administer, Implement, and Enforce Chapter 33.012
Land Office to Assist Board 33.013
Additional Personnel 33.015
Special Account 33.016
Disposition of Other Funds 33.051
General Duty 33.052
Development of Coastal Management Program 33.053
Elements of Coastal Management Program 33.054
Review and Amendment of Management Program 33.055
Public Hearings to Consider Coastal Management Program 33.056
Structures on Land Adjacent to Coastal Public Land 33.057
Gifts of Interests in Land 33.058
Purchase of Fee and Lesser Interests in Land 33.059
Studies 33.060
Locating and Marking Boundaries 33.061
Complaints 33.062
Designated Official Representative 33.063
Fees 33.064
Rules 33.065
Texas Coastal Ocean Observation Network 33.101
Application to Acquire Rights in Coastal Public Land 33.102
Contents of Application 33.103
Interests Which May Be Granted by the Board 33.104
Determination of Terms of Grant 33.105
Persons to Whom Interest in Land May Be Granted 33.106
Policies, Provisions, and Conditions of Leases 33.107
Protection of Rights 33.108
Rights of the Public 33.109
Counties and Cities Eligible to Lease Coastal Public Land 33.110
Contracts and Franchises 33.111
Granting Easements 33.112
Failure to Obtain an Easement 33.113
Interpretation of Easement Grant 33.114
Policies, Provisions, and Conditions of Easements 33.115
Piers 33.116
Failure to Register Pier 33.117
Public Policy of State to Be Considered 33.118
Single Permit 33.119
Issuance of Permits 33.120
Failure to Obtain a Permit 33.121
Unauthorized Structures 33.122
Exception to Permit Requirement 33.123
Policies, Provisions, and Conditions of Permits 33.124
Permits Prohibited for Certain Structures 33.125
Automatic Revocation and Termination of a Permit 33.126
Termination of Permit by Board 33.127
Terms and Renewal of Permits 33.128
Use of Previously Unauthorized Structures 33.129
Prohibitions on the Grant of Permits 33.130
Repairs and Rebuilding 33.131
Structures as Property of the State 33.132
Registration by Board 33.133
Remedies Cumulative 33.134
Use and Development of Land by Littoral Owner 33.135
Notice to Purchaser or Grantee of Coastal Area Property 33.136
Property Rights: Preservation of Littoral Rights 33.171
Enforcement of Rights of Littoral Owners 33.172
Venue 33.173
Right to Appeal 33.174
Time for Filing Petition 33.175
Service of Citation 33.176
Issue on Appeal 33.201
Short Title 33.202
Policy 33.203
Definitions 33.204
Administration of Coastal Management Program 33.205
Consistency with Coastal Management Program 33.206
Action by Commissioner or Attorney General 33.207
Commissioner Recommendations 33.208
Enforcement 33.209
Prohibition on Special Area Management Plans 33.210
Private Property 33.231
Short Title 33.232
Policy 33.233
Definitions 33.234
Duties and Authority of Acquiring Agency 33.235
Agricultural Exemption 33.236
Duties and Authority to Certify 33.237
Most Essential Coastal Wetland Certification 33.238
Funding 33.601
Definitions 33.602
Coastal Erosion Duties and Authority 33.603
Coastal Erosion Studies and Projects 33.604
Coastal Erosion Response Account 33.605
Uses of Account 33.606
Grants and Gifts 33.607
Coastal Erosion Public Awareness and Education 33.608
Report to Legislature 33.609
Landowner Consent 33.610
Removal of Submerged Land from Appraisal and Tax Rolls 33.611
Immunity 33.612
Judicial Review 33.613
Closure or Modification of Certain Man-made Passes 33.651
Definitions 33.652
Applicability of Subchapter to Certain Municipalities 33.653
Creation of Coastal Protection and Improvement Fund 33.654
Use of Coastal Protection and Improvement Fund 33.655
County Coastal Protection and Improvement Fund 33.656
Projects that Qualify for Funding 33.657
Qualified Agreement 33.658
Qualified Payment 33.659
General Powers of Coastal Counties 33.660
Authority to Contract 33.661
Funds Available for Qualified Projects 33.662
Bonds Eligible for Purchase 33.663
Construction of Subchapter 33.2041
Coastal Coordination Advisory Committee 33.2051
Agency Rulemaking Actions 33.2052
Certification of Agency Rules 33.2053
Individual Agency or Subdivision Actions
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 33.206’s source at texas​.gov