Sec. 51.177. PROCESSING VACANCY APPLICATION. (a) Not later than the 45th day after the date the commissioner accepts the duplicate copies as properly filed by the applicant as provided by Section 51.176(f), the commissioner shall:
(1) determine whether the vacancy application is administratively complete; and
(2) provide to the applicant the notice required by this section.
(b) If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide written notice to the applicant that:
(1) informs the applicant that the application is administratively complete;
(2) states the application commencement date; and
(3) states the amount of any deposit required under Section 51.178 and the date by which the applicant must pay the deposit.
(c) If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall provide written notice to the applicant that:
(1) informs the applicant that the application is not administratively complete;
(2) provides a list of any deficiencies the applicant must resolve; and
(3) states a reasonable period of not more than 30 days from the date of the notice to resolve any listed deficiencies.
(d) Not later than the 30th day after the date provided under Subsection (c)(3) to resolve any deficiencies, the commissioner shall determine whether the vacancy application is administratively complete. If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide the notice required by Subsection (b). If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall:
(1) dismiss the application without prejudice; and
(2) provide written notice to the applicant informing the applicant that the application is not administratively complete and is dismissed without prejudice.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 26, eff. June 19, 2009.
Structure Texas Statutes
Subtitle D - Disposition of the Public Domain
Chapter 51 - Land, Timber, and Surface Resources
Subchapter E. Sale and Lease of Vacancies
Section 51.171. Purpose; Application of Other Law
Section 51.173. Disposition of Vacant Land
Section 51.174. General Powers and Duties of Commissioner
Section 51.175. General Powers and Duties of Board
Section 51.176. Vacancy Application; Filing
Section 51.177. Processing Vacancy Application
Section 51.179. Disposition of Deposits
Section 51.180. Attorney Ad Litem
Section 51.181. Notice to Necessary Parties
Section 51.182. Filing of Exceptions to Application
Section 51.184. Commissioner's Survey
Section 51.185. Surveyor's Report
Section 51.186. Completion of Survey
Section 51.188. Commissioner's Final Order
Section 51.190. Scope of Review
Section 51.191. Issues Reviewable
Section 51.192. Standing to Appeal
Section 51.193. Application for and Determination of Good-Faith-Claimant Status