(a) To investigate a vacancy application, the commissioner may require a survey. If the commissioner requires a survey, the commissioner shall appoint a licensed state land surveyor who is not associated with the vacancy application to prepare a report. The commissioner may limit the scope of the work performed by the surveyor.     
      (b) A necessary party may observe a survey conducted under this section. A survey will not be delayed to accommodate a necessary party who provides notice to the commissioner that the party intends to observe the surveyor conducting the survey.     
      (c) The commissioner shall send a notice of intention to survey to each necessary party by regular mail and by certified mail, return receipt requested, not later than the 30th day before the date the surveyor begins work. The notice must contain:      
        (1) the proposed starting date of the survey;       
        (2) the name, address, and telephone number of the surveyor; and       
        (3) a statement informing the necessary party that any necessary party may observe the field work of the surveyor conducting the survey.       
     Source Note:        The provisions of this §13.45 adopted to be effective February 22, 2011, 36 TexReg 1154