Texas § NR.51.193 - APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS

§ NR.51.193. APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS

APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS. (a) A necessary party may apply for good-faith-claimant status not later than the 90th day after the date the commissioner issues a final order finding that a vacancy exists. (b) The application must include certified copies of the applicable county records supporting the good-faith claimant's status. (c) Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant. (d) A person who is denied good-faith-claimant status may: (1) request a hearing by the commissioner; or (2) appeal the denial as part of any appeal of a final order finding that a vacancy exists. (e) If the commissioner grants a hearing, the commissioner shall: (1) determine the scope of the hearing; (2) provide timely notice of the time and place of the hearing to each necessary party; and (3) provide each necessary party an opportunity to be heard. (f) A declaration of good-faith-claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land as provided by Section 51.194 . The declaration does not confer any other rights. Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103 ), Sec. 1, eff. June 17, 2005.