31 Tex. Admin. Code § 29.51

Current through Reg. 49, No. 43; October 25, 2024
Section 29.51 - Request for a Non-Binding Advisory Opinion and Commissioner Action
(a) An agency or subdivision which has produced a general plan described or listed in §29.50 of this chapter (relating to General Plans) may request a non-binding advisory opinion on the consistency of its general plan.
(b) The request for an advisory opinion shall be submitted in writing to the CMP coordinator. The CMP coordinator shall forward copies of the request to all committee members. The commissioner shall consider the general plan within 90 days of receiving the request.
(c) Prior to commissioner issuance of an advisory opinion regarding a general plan, the commissioner may direct the committee to review the general plan and make a recommendation to the commissioner regarding the consistency of the plan.
(d) The commissioner shall issue the advisory opinion within 90 days of receiving the request from the agency or subdivision.
(e) The advisory opinion shall indicate whether actions taken pursuant to the plan are likely to be consistent or inconsistent with the CMP goals and policies. The advisory opinion shall also:
(1) identify all goals and policies that apply to the general plan;
(2) identify any consistency issues of concern to the commissioner;
(3) identify portions or provisions of the plan that are likely to lead to future inconsistent actions; and
(4) include recommendations for the resolution of consistency issues identified in paragraphs (2) and (3) of this subsection.

31 Tex. Admin. Code § 29.51

The provisions of this §505.51 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective March 29, 2010, 35 TexReg 2603; Amended by Texas Register, Volume 43, Number 39, September 28, 2018, TexReg 6453, eff. 10/7/2018; Entire chapter transferred from Title 31, Chapter 505 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022; Amended by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3677, eff. 7/10/2023