31 Tex. Admin. Code § 13.50 - Finding of Not Vacant Land

(a) Prior to the first anniversary of the application commencement date, the commissioner may issue an order finding that the alleged vacancy is "Not Vacant Land" at any time following the completion of the investigation of the vacancy under § 13.44 of this title (relating to Investigation of Vacancy Application) without a hearing. After the first anniversary of the application commencement date, the commissioner may issue an order finding "Not Vacant Land" without a hearing unless a necessary party has properly filed an exception to the application or the survey under § 13.43 or § 13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor).

(b) The agency shall send a copy of the commissioner's final order finding the alleged vacancy to be "Not Vacant Land" to each necessary party that can be located regardless of whether the necessary party requested continuation of notices. The orders shall be sent by regular mail and certified mail, return receipt requested, not later than the 15th day following the date of the final order.

(c) A final order of the commissioner finding "Not Vacant Land" is conclusive as to the land investigated during the vacancy proceedings and may not be appealed.

Notes

31 Tex. Admin. Code § 13.50

The provisions of this §13.50 adopted to be effective February 22, 2011, 36 TexReg 1154