Texas Natural Resources Code

§ 51.3021 — REMOVAL OF FACILITY OR STRUCTURE BY COMMISSIONER

NR § 51.3021Title 2. PUBLIC DOMAIN · Part D. DISPOSITION OF THE PUBLIC DOMAIN · Ch. 51. LAND, TIMBER, AND SURFACE RESOURCES · Art. G. EASEMENTS

Statute text

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(a)The commissioner may remove and dispose of a facility or structure on land owned by the state if the commissioner finds the facility or structure to be:

(1)without the proper easement or lease from the state under Chapter 33 or 51 of this code; or

(2)an imminent and unreasonable threat to public health, safety, or welfare.

(b)Before the commissioner may remove a facility or structure under this section or impose a penalty under Section 51.302 of this code, the commissioner must give written notice to a person who is constructing, maintains, owns, or possesses the facility or structure. The notice must state:

(1)the specific facility or structure that is without proper easement or lease or that threatens public health, safety, or welfare;

(2)that the person who is constructing, maintains, owns, or possesses the facility or structure shall remove the facility or structure:

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Legislative history

Acts 2005, 79th Leg., Ch. 216 (H.B. 2096), Sec. 5, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 6, eff. September 1, 2015.