31 Tex. Admin. Code § 17.41 - Compliance or Petition for Judicial Review
(a) Not later than the 30th day after the
date on which the commissioner's order is effective, pursuant to §
17.43 of this title (relating to
Effective Date of Order), the order shall be complied with or a petition for
judicial review shall be filed.
(b)
Judicial review of the order or decision of the commissioner shall be under the
Texas Government Code, §
2001.171, et
seq.
(c) If neither the
commissioner nor the party affected by the order files a petition for judicial
review, the private party must pay all assessed penalties, removal costs, and
other assessed fees, costs and expenses within 60 days after the date on which
the commissioner's order is final. If the private party neither seeks judicial
review nor pays the full assessed amount within 60 days, the commissioner may:
(1) sell salvageable parts or attachments of
the unauthorized or dangerous structure to offset any penalties, costs, and
other fees and expenses assessed;
(2) record a lien against such adjacent
littoral property, as may be owned by the party who constructed, maintained,
owned or possessed the unauthorized or dangerous structure, in the total amount
of the penalties, costs, and other fees and expenses assessed;
(3) request the attorney general to institute
civil proceedings to collect the penalties, costs, and other fees and expenses
remaining unpaid; or
(4) use any
combination of the remedies prescribed by this subsection or other remedies
authorized by law to collect the unpaid penalties, costs, and other fees and
expenses assessed.
(d)
For purposes of this section, the term "costs" includes any and all costs of
removal, clean up, transportation, fill, disposal, remediation, administration,
agency overhead and other indirect costs (computed according to custom and
practice in the agency and state government), attorney and/or expert witness
fees, and any other cost the agency incurs as a result of removing and
disposing of the unauthorized or dangerous structure and placing state land as
nearly as possible in the condition in which it existed prior to construction
of the unauthorized or dangerous structure. The agency may recover all such
costs, without limitation, whether performing the activities itself using
agency employees or by using third-party vendors or contractors with the
agency.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.