31 Tex. Admin. Code § 20.44 - Public Participation
(a) Public notice,
review and comment. Public notice means the state trustees are advising the
public about proposed actions. Public review and comment means the public has
an opportunity to review and comment on the proposed state trustee
actions.
(b) Notice of State
Trustee Action. The state trustees shall give public notice through the use of
the Texas Register and at least one newspaper of general circulation serving
the impacted area. The state trustees shall provide for a period of public
review and comment of at least 30 days whenever public review and comment is
required in this section. The state trustees shall not execute any documents
which relieve a responsible person from liability for damages resulting from
injury to natural resources until the public review and comment period has
expired.
(c) Public review and
comment. The state trustees shall provide the public with the opportunity for
review and comment when they select assessment procedures and protocols for a
negotiated, expedited or comprehensive assessment. The state trustees shall
provide the public with the opportunity for review and comment when a
restoration plan is proposed and prior to the certification of completion of a
restoration plan.
(d) Public
participation in equivalent resource plans. The state trustees shall invite
members of the public from the area encompassed by an equivalent resource plan
to participate in the development and design of the plan. When an equivalent
resource plan is proposed for adoption by the state trustees, the commissioner,
in conjunction with the trustees, shall conduct, upon the request of any member
of the public, a public hearing on the proposed plan. The public hearing shall
be convened in or near the area covered by the equivalent resource
plan.
(e) Public participation in
assessment decisions. The state trustees may invite a member of the public to
participate in determining whether an assessment of any kind is necessary. The
person invited to participate shall be a member of an environmental or
conservation group which is organized for preservation or enhancement of the
natural resources in the area where the unauthorized discharge of oil occurred.
The person may participate in the state trustee determination but shall not
have any vote in any decision of the state trustees. After the state trustees
have decided whether an assessment will be performed, the person's further role
in the proceeding shall be at the discretion of the state trustees, who shall
take into account the public's right to review and comment on state trustee
actions.
Notes
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