Texas Natural Resources Code
§ 51.188 — COMMISSIONER'S FINAL ORDER
NR § 51.188Title 2. PUBLIC DOMAIN · Part D. DISPOSITION OF THE PUBLIC DOMAIN · Ch. 51. LAND, TIMBER, AND SURFACE RESOURCES · Art. E. SALE AND LEASE OF VACANCIES
Statute text
View on source(a)At any time during or after an investigation of or hearing regarding a vacancy application, the commissioner may determine that land claimed to be vacant is not vacant and issue a final order with a finding of "Not Vacant Land" or an order finding a vacancy if a hearing is not required under Section 51.187.
(b)After a hearing conducted under Section 51.187, the commissioner shall issue a final order with a finding of "Not Vacant Land" or issue an order finding a vacancy exists. Not later than the 15th day after the date the final order is issued, the commissioner shall notify each necessary party of the final order by providing each party a copy of the final order.
(c)A final order finding a vacancy exists must contain:
(1)a finding by the commissioner that the land claimed to be vacant is unsurveyed public school land that is not in conflict with land previously titled, awarded, or sold by the state as established by:
(A)clear and convincing proof for an application to which an exception has been filed as provided by Section 51.182; or
(B)a preponderance of the evidence for an application to which no exceptions have been filed as provided by Section 51.182;
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Legislative history
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. 30, eff. June 19, 2009.