<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 2RULES OF PRACTICE AND PROCEDURE
SUBCHAPTER CPROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS
RULE §2.41Definitions

The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Board--The special board of review, chaired by the Commissioner of the General Land Office, consisting of the members of the School Land Board; the chairperson of the governing board of the agency or institution possessing the property; the mayor of the city or town within the corporate boundaries or extraterritorial jurisdiction of which the property is located, if the property is located within a city or town; and the county judge of the county within which the property is located. If the property is owned by the permanent school fund, the board shall consist of the members of the School Land Board and the local officials, with the commissioner of the General Land Office serving as chairperson. After issuance of an order establishing a development plan for real property that is not a part of the permanent school fund or in which the permanent school fund does not have a financial interest, the composition of any future special board of review called to consider revision of that order must consist of members as specified in Texas Natural Resources Code §31.167(d).

  (2) Development plan--A plan, promulgated by a political subdivision (as defined in this section) or by the division (as defined in this section) in accordance with Texas Natural Resources Code, §31.161, to conserve and enhance the value of land belonging to the state, taking into consideration the preservation of the health, safety, and general welfare of the communities in which the property is situated. A development plan may include or address, without limitation, subdivision, site planning, zoning, and other land use regulations.

  (3) Division--The Asset Management Division of the Texas General Land Office.

  (4) Emergency or urgent public necessity--Circumstances in which immediate board action is required because of an imminent threat to public health or safety, or a reasonably unforeseeable situation.

  (5) Order--Official action by the board with regard to a development plan.

  (6) Political subdivision--A county, municipality, public school district, or special-purpose district or authority with jurisdiction over the property (as defined in this section).

  (7) Property--Real property, owned or held in trust by the state, for which a development plan has been proposed or promulgated.

  (8) Rezoning--Changing the existing zoning or land use regulation(s) applicable to the property.

  (9) Substantial amendment--Amendment of an existing development plan and/or rezoning which results in one or more of the following:

    (A) more intense land use not permitted by the existing development plan and/or existing zoning;

    (B) change of a site development regulation or requirement set forth in the existing development plan and/or existing zoning; or

    (C) change of any condition of approval of the initial zoning and/or development plan.


Source Note: The provisions of this §2.41 adopted to be effective January 9, 2003, 28 TexReg 479; amended to be effective February 22, 2011, 36 TexReg 1153

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