Sec. 33.208. ENFORCEMENT. (a) The agency or subdivision with jurisdiction over a proposed action shall enforce the provisions of the coastal management program.
(b) If the attorney general issues an opinion under Section 33.206(c) that a proposed agency or subdivision action is inconsistent with the coastal management program and the agency or subdivision fails to implement the commissioner's recommendation regarding the action, the attorney general shall file suit in a district court of Travis County to enforce this subchapter. The court shall consider the attorney general's opinion in determining whether the proposed action is consistent with the coastal management program.
(c) Notwithstanding the request of an opinion from, or the filing of suit by, the attorney general, the commissioner and the agency or subdivision may enter into a settlement agreement with regard to the proposed agency or subdivision action. If the commissioner and the agency or subdivision enter into a settlement agreement, the commissioner may rescind the commissioner's request for an opinion from the attorney general.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991. Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 17, eff. September 1, 2011.
Structure Texas Statutes
Chapter 33 - Management of Coastal Public Land
Subchapter F. Coastal Coordination
Section 33.204. Administration of Coastal Management Program
Section 33.2041. Coastal Coordination Advisory Committee
Section 33.205. Consistency With Coastal Management Program; Commissioner Review
Section 33.2051. Agency Rulemaking Actions
Section 33.2052. Certification of Agency Rules; Agency Actions Considered Consistent
Section 33.2053. Individual Agency or Subdivision Actions
Section 33.206. Action by Commissioner or Attorney General
Section 33.207. Commissioner Recommendations
Section 33.209. Prohibition on Special Area Management Plans