<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §13.42Necessary Party Identified But Not Located

(a) If the agency sends a notice to a necessary party and the notice is returned, the agency shall make reasonable efforts to locate the necessary party. If the reasonable efforts do not locate the necessary party, the agency, in its sole discretion, may request that the attorney ad litem make additional reasonable efforts to locate such necessary party.

(b) If the agency or the attorney ad litem cannot locate an identified necessary party, the agency shall publish notice in a newspaper of general circulation in the county and general area where the land alleged to be vacant is located. The notice shall be published once a week for three consecutive weeks. The notice shall:

  (1) describe the alleged vacant land as it is described in the application and state whether a survey was filed with the application; if a survey was filed, the notice shall also advise necessary parties of their right to receive a copy of the survey and to file exceptions to the application or the survey;

  (2) advise the public that the agency has accepted the application and contact information for agency staff handling the vacancy application;

  (3) include applicant's full name and address;

  (4) advise necessary parties not otherwise notified to contact agency for copies of the application, survey and other related existing documents; and

  (5) advise necessary parties that no further notices will be provided unless a request for same is made to the agency.

(c) The agency shall request the attorney ad litem to represent the interest of any identified, unlocated necessary party.

Source Note: The provisions of this §13.42 adopted to be effective February 22, 2011, 36 TexReg 1154

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