(a) The chief clerk of the commission shall send notice by first class mail to persons listed in subsection (b) of this section and to persons who in the judgment of the commission may be affected. The chief clerk shall mail required notice not less than 30 days before the date set for commission consideration of the application.      
        (b) The notice shall be mailed to the following:        
          (1) current landowners named in the application and/or map which accompanies the application as described in §301.33 of this title (relating to Preliminary Plans: Data To Be Submitted);          
            (2) the county judge(s) and health authorities of the county or counties affected;            
              (3) the following entities:                              (A) the Texas Department of Health;                                  (B) the Texas Parks and Wildlife Department;                                      (C) the Texas Railroad Commission;                                          (D) the Texas State Soil andWater Conservation Board;                                              (E) the Texas General Land Office;                                                  (F) the Texas Historical Commission;                                                      (G) local river authorities;                                                          (H) the Federal Emergency Management Agency; and                                                              (I) the U.S. Corps of Engineers;                                
                                  (4) the applicant;                                  
                                    (5) persons who request to be put on the mailing list and participants in past commission proceedings for levee(s) or other improvements; and                                    
                                      (6) any other person the commission may include, or the executive director may identify after review of the data submitted as required by §301.33 of this title (relating to Preliminary Plans: Data To Be Submitted).                                      
                                        (c) Failure to mail notice to the entities listed in subsection (b)(3) of this section shall not render notice invalid pursuant to this section.                                       
     Source Note:        The provisions of this §301.53 adopted to be effective June 2, 1986, 11 TexReg 2345.