(a) On review, the commissioner may affirm or protest an agency's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and protests the proposed action. If the commissioner protests the proposed action, the commissioner shall issue written findings to the agency or subdivision within 26 days after the date the agency or subdivision proposed the action. The commissioner's findings shall:      
        (1) specify how the proposed action is inconsistent with the CMP goals and policies; and       
        (2) include specific recommendations regarding how the proposed action may be modified or amended  to make it consistent with the CMP goals and policies.       
      (b) The commissioner may recommend that an agency undertake only such actions as are within the authority of the agency. A goal or policy may not require an agency to perform an action that would exceed the constitutional or statutory authority of the agency to which the goal or policy applies.     
     Source Note:        The provisions of this §29.38 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301