(a) After the commissioner has protested a proposed action and issued written findings and recommendations to the agency, the agency shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the CMP goals and policies. The agency shall notify the CMP coordinator of its decision no later than 21 days after the date the agency receives the commissioner's written protest.
(b) If the commissioner finds that the agency did not amend or modify the proposed action either to conform substantially with the commissioner's recommendations or to achieve the same results as the commissioner's recommendations, the commissioner shall refer the matter to the attorney general for a legal opinion on consistency of the proposed action with the CMP goals and policies. The agency is stayed from taking the proposed action until the attorney general issues the opinion. The attorney general shall issue an opinion before the 26th day after the date the commissioner requests the opinion. The attorney general shall base the opinion on the record before the agency and the commissioner. In determining whether the proposed action is inconsistent, the attorney general shall consider the commissioner's findings and recommendations and the agency's response.

Source Note: The provisions of this §29.39 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; 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