Subchapter F. VACANCY PROCESS
The General Land Office (GLO) proposes an amendment to 31 TAC §13.76(d), relating to the deadline for cost deposits required under Texas Natural Resources Code §51.178(b). This amendment will change the deadline in §13.76(d) to reflect the deadline established in Texas Natural Resources Code §51.178(b).
Currently §13.76(d) requires that deposits be submitted to the GLO within thirty (30) days from the date of letter requesting the cost deposit. However, Texas Natural Resources Code §51.178(b) requires that deposits be submitted to the GLO within thirty (30) days from the application commencement date. The proposed amendment will change the language in §13.76(d) to mirror the language in Texas Natural Resources Code §51.178(b).
Bill O'Hara, Chief Surveyor of the General Land Office, has determined that during the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local governments. This rule does not have any fiscal impact or affect on state or local governments.
Mr. O'Hara has also determined that for each year of the first five years the proposed amendment is in effect, the public will benefit from the increased clarity brought about by the revised language. There will be no effect on small businesses, persons or local economies as the result of proposed amendment.
Comments on the proposed rulemaking may be submitted to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311, or e-mail to walter.talley@glo.state.tx.us. Comments must be received no later than 30 days from the date of publication of this proposal.
The amendment is proposed under Texas Natural Resources Code §51.174(c), which provides the GLO with the authority to adopt rules necessary and convenient to administer the Sale and Lease of Vacancies under Texas Natural Resources Code Title 2, Chapter 51, Subchapter E, §§51.171 - 51.195.
Texas Natural Resources Code, Sale and Lease of Vacancies, §51.178(b), is affected by this proposed amendment.
§13.76.Deposits.
(a) - (c) (No change.)
(d) The Applicant has thirty (30) days from
the application
commencement
date [
of letter requesting the cost deposit or supplemental
deposit(s)
] to submit such deposit. If the Applicant fails to deposit
the initial or supplemental deposit within thirty (30) days, the Vacancy Application
is terminated without prejudice, and the file wrapper will be endorsed "terminated
without prejudice for failure to submit cost deposit within time prescribed
by law."
(e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 30, 2007.
TRD-200701696
Trace L. Finley
Policy Director
General Land Office
Earliest possible date of adoption: June 10, 2007
For further information, please call: (512) 305-8598