(e) The commissioner by rule may adopt procedures for a hearing under this section. (5690)
(f) The commissioner must grant a hearing before an administrative law judge employed by the State Office of Administrative Hearings if a hearing is requested. A person who does not request a hearing within 60 days after the date on which the notice is served waives all rights to judicial review of the commissioner's findings or orders and shall immediately initiate mitigation and pay any penalty assessed. If a hearing is held, the commissioner may issue a final order approving the proposal for decision submitted by the administrative law judge concerning mitigation and payment of a penalty. The commissioner may change a finding of fact or conclusion of law made by the administrative law judge, or may vacate or modify an order issued by the administrative law judge in accordance with Section 2001.058, Government Code. (5691)
(g) A person may seek judicial review of a final order of the commissioner under this section in a Travis County district court under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code. The trial courts of this state shall give preference to an appeal of a final order of the commissioner under this section in the same manner as provided by Section 23.101(a), Government Code, for an appeal of a final order of the commissioner under Section 51.3021 of this code. (5692)
(h) If the person who is engaged in or has been engaged in conduct that violated Section 63.091 or any rule, permit, or order issued under this chapter does not pay assessed penalties, mitigation costs, and other assessed fees and expenses on or before the 60th day after the date of entry of a final order assessing the penalties, costs, and expenses, the commissioner may: (5693)
(1) request that the attorney general institute civil proceedings to collect the penalties, costs of restoration, and other fees and expenses remaining unpaid; or (5694)
(2) use any combination of the remedies prescribed by this section, or other remedies authorized by law, to collect the unpaid penalties, costs of restoration, and other fees and expenses assessed because of unauthorized conduct and its mitigation by the commissioner. (5695)
(i) Penalties or costs collected under this section shall be deposited in the coastal erosion response account established under Section 33.604. (5696)
Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007. (5697)
Sec. 71.001. DEFINITION. (5701)(Text)
In this subchapter, "political subdivision" means any body corporate with a recognized and defined area. (5702)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5703)
Sec. 71.002. AUTHORITY TO LEASE. (5704)(Text)
A political subdivision may lease land owned by it for mineral development, including development of coal and lignite. (5705)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5706)
Sec. 71.003. GOVERNING BODY TO EXERCISE AUTHORITY. (5707)(Text)
The governing body of the political subdivision which is vested by law with management, control, and supervision of the political subdivision shall exercise the right to lease the land. (5708)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5709)
Sec. 71.004. NOTICE AND HEARING. (5710)(Text)
Before a lease is made under this subchapter, notice must be given and a public hearing must be held for consideration of bids. (5711)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5712)
Sec. 71.005. NOTICE OF INTENTION TO LEASE LAND. (5713)(Text)
(a) After the governing body determines that it is advisable to lease land belonging to the political subdivision, it shall give notice of the intention to lease the land. (5714)
(b) The notice shall describe the land to be leased and designate the time and place at which the governing body will receive and consider bids for the lease. (5715)
(c) The notice shall be published once a week for three consecutive weeks in a newspaper published in the county and with general circulation in the county. (5716)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5717)
Sec. 71.006. RECEIVING BIDS AND AWARDING LEASE. (5718)(Text)
On the date specified in the notice, the governing body of the political subdivision shall receive and consider bids submitted for leasing all or part of the land that was advertised for lease, and the governing body may award the lease to the highest and best bidder who submits a bid. (5719)
Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5720)
Sec. 71.007. REJECTION OF BIDS AND ADDITIONAL BIDS. (5721)(Text)
If the governing body believes that the bids submitted to it do not represent the fair value of the leases, the governing body may reject the bids, give notice, and call for additional bids. (5722)
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