(a) Establishing facilities. On its own initiative, at the request of an agency that controls federal or state property, of the ECM, or of a private organization, the Agency shall survey the property, blueprints, or other available information concerning the property to determine whether the installation of a BET facility is feasible and consonant with applicable laws and regulations and with VRD objectives. If the installation of a BET facility is determined to be feasible, the Agency shall proceed to develop plans for the establishment of a facility in accordance with procedures promulgated and implemented by Agency staff and, when the facility is developed, shall assign a manager to the facility.
(b) Closing facilities. Except for temporary closings by Agency staff, no BET facility shall be closed by the Agency until both of the following have occurred:
  (1) The BET director has certified to the VRD director that the facility is no longer a feasible or viable BET facility and provides reasons for that opinion.
  (2) The VRD director has approved the proposed closing of the facility.

Source Note: The provisions of this §854.83 adopted to be effective September 1, 2019, 44 TexReg 3294; amended to be effective July 4, 2022, 47 TexReg 3823