Sec. 51.187. HEARING. (a) If the commissioner has not issued a final order with a finding of "Not Vacant Land" on or before the first anniversary of the application commencement date and one or more exceptions have been filed under Section 51.182(a) or 51.186(b), the commissioner shall order a hearing to determine if a vacancy exists. A hearing under this subchapter:
(1) shall be held not later than the 60th day after the date the hearing is ordered;
(2) shall be conducted as a contested case hearing subject to Chapter 2001, Government Code; and
(3) may be waived by written agreement of all necessary parties and the commissioner.
(b) Not later than the 30th day after the date a hearing is ordered under Subsection (a), the commissioner shall provide notice of the hearing date to each necessary party.
(c) Not later than the 60th day after the date of the hearing, the commissioner shall enter a final order as provided by Section 51.188.
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. 29, 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