Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may not undertake a coastal erosion response project on:
(1)  permanent school fund land without first obtaining the written consent of the school land board;  or
(2)  private property, other than that encumbered by the common law rights of the public affirmed by Chapter 61, without first obtaining the written consent of the property owner.
(b)  If the commissioner cannot determine the identity of or locate a property owner, consent is considered to have been given if:
(1)  the commissioner publishes a notice of the project at least once a week for two consecutive weeks in the newspaper having the largest circulation in the county in which the project is located;  and
(2)  the property owner does not object on or before the 20th day after the last date notice is published under Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.