Texas Natural Resources Code

§ 63.1814 — NOTICE REQUIREMENTS; ORDERS AND HEARINGS

NR § 63.1814Title 2. PUBLIC DOMAIN · Part E. BEACHES AND DUNES · Ch. 63. DUNES · Art. G. PENALTIES

Statute text

(a)The commissioner shall assess an administrative penalty and pursue restoration in accordance with this section.

(b)Before the commissioner may order restoration under Section 63.1813 or assess an administrative penalty under Section 63.1811, the commissioner must give written notice to a person who is taking or has taken actions that violate Section 63.091 or any rule, permit, or order issued under this chapter. The notice must state:

(1)the specific conduct that violates Section 63.091 or any rule, permit, or order issued under this chapter;

(2)that the person who is engaged in or has been engaged in the conduct that violates Section 63.091 or any rule, permit, or order issued under this chapter must perform restoration for the damage caused by the violation not later than the 60th day after the date on which the notice is served;

(3)that failure to perform restoration for the damage caused by the violation in accordance with the commissioner's order may result in liability for a civil penalty under Section 63.181(b) in an amount specified, restoration contracted or undertaken by the commissioner and liability for the costs of restoration, or any combination of those remedies; and

(4)that the person who is engaging in or has engaged in conduct that violates Section 63.091 or any rule, permit, or order issued under this chapter may submit, not later than the 60th day after the date on which the notice is served, a written request for a hearing.

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Legislative history

Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007.