<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §13.16Hearings under the Texas Deepwater Port Procedures Act

(a) Notice of any hearing under the Texas Deepwater Port Procedures Act (Texas Civil Statutes, Article 5415i), shall be filed with the secretary of state for publication in the Texas Register; in addition, it shall be published in the manner prescribed in § 5(b) and § 6(b) of the Texas Deepwater Port Procedures Act. Notice will be published at least 30 days before any public hearing. In the event a public hearing is conducted in some place other than Austin, Travis County, Texas, notice of the hearing will also be published at least twice, in each of two consecutive weeks, no later than 30 days prior to the date of the hearing, in a newspaper having general circulation in the county where the hearing will be held.

(b) The notice of hearing shall include:

  (1) the time, date, and location of the hearing;

  (2) a brief explanation of the purpose of the hearing; and

  (3) any other statement or materials required by law or deemed necessary and proper by the commissioner.

(c) All materials received by the General Land Office pertinent to the subject of the hearing, including documents, studies, and other data, shall be made available for public review and study in the office of the commissioner of the General Land Office, and if the hearing is held outside Travis County, a copy of all the materials shall be filed in the Office of the County Judge of the county where a hearing is held.

(d) A notice of hearing shall be mailed to all persons who have made timely written requests of the General Land Office to be notified. However, failure to mail a notice does not invalidate any action taken at the hearing.

(e) Hearings will be conducted by the commissioner or by a hearing officer. The commissioner or hearing officer shall have authority to administer oaths and to examine witnesses, and may rule upon the admissibility of written or oral testimony. A hearing may be recessed from day to day.

(f) Any person, corporation, association, organization, or governmental subdivision or agency interested in a deepwater port application or facility covered by such an application may appear before and be heard at hearings held under this rule, and shall be considered for the purposes of this rule to be parties. Any party may appear in person or may appear and be represented by an attorney. Corporations, associations, and organizations may be represented by at least one and not more than two persons for the purpose of testifying at any hearing. A governmental subdivision or agency shall be represented by the highest elected or, if applicable, appointed official thereof, or by not more than two persons appointed by such official.

(g) The commissioner may consolidate any hearing held under the provisions of the Texas Deepwater Port Procedures Act with the hearing required by the Federal Deepwater Port Act of 1974, 33 United States Code §1501 et seq., to be held in Texas by the secretary of transportation.

(h) All hearings governed by this section shall be concluded not later than 120 days after the date on which the commissioner received from the governor the application defined in § 3(3) of the Texas Deepwater Port Procedures Act; provided, however, that the commissioner may hold a hearing after such 120 day period if the federal hearing required to be held in Texas has not been held and the commissioner has determined and given notice that a hearing provided for in this rule will be held in conjunction with the federal hearing.

Source Note: The provisions of this §13.16 adopted to be effective January 1, 1976.

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page