TX NATURAL RESOURCES CODE

SUBTITLE B. SURVEYS AND SURVEYORS

CHAPTER 33. MANAGEMENT OF COASTAL PUBLIC LAND

SUBCHAPTER E. ENFORCEMENT AND APPEAL


§ 33.171. ENFORCEMENT OF RIGHTS OF LITTORAL OWNERS.
     (a) A littoral owner whose rights may be affected by any action of the board under this chapter may bring suit for a declaratory judgment against the State of Texas in a district court in Travis County to try the issues.
     (b) Service of citation may be obtained by serving the commissioner.
     (c) The state is entitled to receive notice of a claim against the School Land Board under this subchapter not later than the 180th day after the day the action of the board giving rise to the claim occurred. The notice must reasonably describe:
          (1) the action of the board that affected the littoral owner's rights;
          (2) the time and place of the board's action; and
          (3) the nature of the claim, specifying, as applicable, the manner in which:
               (A) the board's action affected the title to or boundary of coastal public land to the detriment of the littoral owner;
               (B) the board's action affected an interest in land sought or granted under this chapter; or
               (C) the board violated this chapter or a rule adopted by the board under this chapter.
     (d) The notice requirement of Subsection (c) is a jurisdictional prerequisite to the institution of suit under this section regardless of actual notice, express or implied, to the board or the state.

Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 147, § 1, eff. Sept. 1, 2003.

§ 33.172. VENUE.
     Unless expressly waived in writing by the attorney general, venue lies in Travis County in any proceeding:
          (1) arising out of an alleged violation of any provision of this chapter or any rule adopted by the board under this chapter;
          (2) touching any interest in land sought or granted under this chapter; and
          (3) to determine the boundaries or title to any coastal public land.

Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 33.173. RIGHT TO APPEAL.
     Any interested party who is aggrieved by an action of the board under this chapter may appeal the action by filing a petition in a district court in Travis County.

Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 33.174. TIME FOR FILING PETITION.
     The petition for the appeal must be filed within 30 days after the date of the final action of the board or 30 days after the effective date of the action, whichever is the later date.

Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 33.175. SERVICE OF CITATION.
     Service of citation on the board may be accomplished by serving the commissioner.

Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 33.176. ISSUE ON APPEAL.
     In an appeal of a board action, the issue is whether the action is invalid, arbitrary, or unreasonable.

Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, eff. Sept. 1, 1977.