31 Tex. Admin. Code § 13.54 - Final Orders

(a) Following the investigation described in § 13.44 of this title (relating to Investigation of Vacancy Application) and a hearing, if one is required by § 13.52 of this title (relating to Findings that Require Hearing), the commissioner shall issue a final order with a finding of "Not Vacant Land" or issue an order finding a vacancy exists. Not later than the 15th day after the date the final order is issued, the agency shall notify each necessary party that can be located of the final order by providing each necessary party a copy of the final order.

(b) In addition to any information required under Chapter 2 of this title (relating to Rules of Practice and Procedure), a final order finding that a vacancy exists must contain the following information:

(1) a finding by the commissioner that the land alleged to be vacant is unsurveyed public school land that is not in conflict with land previously titled, awarded, or sold by the state as established by:

(A) clear and convincing proof for an application to which an exception has been filed; or

(B) a preponderance of the evidence for an application to which no exceptions have been filed;

(2) the field note description used to determine the vacancy, which must be sufficient to locate the land on the ground;

(3) an accurate plat of the land that is:

(A) consistent with the field notes; and

(B) prepared by a licensed state land surveyor or a county surveyor of the county in which all or a part of vacant land is located;

(4) a list of all the records reviewed and persons consulted in reaching the determination, including agency staff; and

(5) any other matters required by law.

(c) In determining the boundaries and size of a vacancy, the commissioner is not restricted to a description of the land alleged to be vacant that is provided by the applicant, the surveyor, or any other person. The commissioner shall adopt the description of a vacancy that best describes the land found to be vacant and that is consistent with the investigation under this subchapter.

(d) The commissioner shall file a document entitled "Notice of Claim of Vacancy" (notice). The notice shall contain a legal description of the vacant land and date on which the final order was issued. The commissioner shall file the notice with the county clerk and any county surveyor of each county in which all or a part of the vacancy is located.

Notes

31 Tex. Admin. Code § 13.54

The provisions of this §13.54 adopted to be effective February 22, 2011, 36 TexReg 1154