Sec. 33.171. ENFORCEMENT OF RIGHTS OF LITTORAL OWNERS. (a) A littoral owner whose rights may be affected by any action of the board under this chapter may bring suit for a declaratory judgment against the State of Texas in a district court in Travis County to try the issues.
(b) Service of citation may be obtained by serving the commissioner.
(c) The state is entitled to receive notice of a claim against the School Land Board under this subchapter not later than the 180th day after the day the action of the board giving rise to the claim occurred. The notice must reasonably describe:
(1) the action of the board that affected the littoral owner's rights;
(2) the time and place of the board's action; and
(3) the nature of the claim, specifying, as applicable, the manner in which:
(A) the board's action affected the title to or boundary of coastal public land to the detriment of the littoral owner;
(B) the board's action affected an interest in land sought or granted under this chapter; or
(C) the board violated this chapter or a rule adopted by the board under this chapter.
(d) The notice requirement of Subsection (c) is a jurisdictional prerequisite to the institution of suit under this section regardless of actual notice, express or implied, to the board or the state.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 147, Sec. 1, eff. Sept. 1, 2003.
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