31 Tex. Admin. Code § 29.51 - Request for a Non-Binding Advisory Opinion and Commissioner Action
(a) An agency or subdivision which has
produced a general plan described or listed in §
29.50 of this chapter (relating to
General Plans) may request a non-binding advisory opinion on the consistency of
its general plan.
(b) The request
for an advisory opinion shall be submitted in writing to the CMP coordinator.
The CMP coordinator shall forward copies of the request to all committee
members. The commissioner shall consider the general plan within 90 days of
receiving the request.
(c) Prior to
commissioner issuance of an advisory opinion regarding a general plan, the
commissioner may direct the committee to review the general plan and make a
recommendation to the commissioner regarding the consistency of the
plan.
(d) The commissioner shall
issue the advisory opinion within 90 days of receiving the request from the
agency or subdivision.
(e) The
advisory opinion shall indicate whether actions taken pursuant to the plan are
likely to be consistent or inconsistent with the CMP goals and policies. The
advisory opinion shall also:
(1) identify all
goals and policies that apply to the general plan;
(2) identify any consistency issues of
concern to the commissioner;
(3)
identify portions or provisions of the plan that are likely to lead to future
inconsistent actions; and
(4)
include recommendations for the resolution of consistency issues identified in
paragraphs (2) and (3) of this subsection.
Notes
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