Section 506.42 - Referral of an Outer Continental Shelf Plan(a) The council shall review any part of an OCS plan relating to federal agency actions required to authorize proposed activities described in detail in the OCS plan which any three members agree presents a significant unresolved dispute regarding consistency with the CMP goals and policies.(b) To refer part of an OCS plan, three members of the council must submit the request for referral to the council secretary in writing within 45 days of receipt of the administratively complete consistency certification.(c) The council secretary shall place the action on the agenda of the earliest council meeting at which consideration of the action is reasonably practicable. If no regularly scheduled council meeting will allow the council to act on the action within 90 days of receipt of the administratively complete consistency certification, the council secretary shall notify the chair, who shall schedule a special meeting.(d) If the council has not issued a decision with respect to a matter referred under the provisions of this section within 45 days of the date when the council secretary received the administratively complete consistency certification, then the chair shall notify the person submitting the plan, the secretary of the interior, and the assistant administrator of the status of the review and the basis for further delay.(e) If any three members of the council do not refer any federal actions that will be required to authorize an activity described in detail in an OCS plan to the council within 45 days of the date when the council secretary receives an administratively complete consistency certification, then the council's concurrence with the consistency certification shall be conclusively presumed.31 Tex. Admin. Code § 506.42
The provisions of this §506.42 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676; amended to be effective August 27, 2000, 25 TexReg 8046; Entire chapter transferred to be Title 31, Chapter 30 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022