1. (a) The commissioner shall conduct an investigation of the vacancy application.

2. (b) The investigation shall include, but is not limited to:

   1. (1) an evaluation of the vacancy application;
   2. (2) a determination that the vacancy application was properly filed and administratively complete; and
   3. (3) a review of public records at the general land office relating to the land alleged to be vacant.

3. (c) The investigation may include a review of:

   1. (1) any survey conducted by a licensed state land surveyor or by the county surveyor of a county in which all or part of the land alleged to be vacant is located; or
   2. (2) any documents or public records necessary to determine whether a vacancy exists.
4. (d) An investigation may include a survey requested by the commissioner or a surveyor's report prepared by a surveyor appointed by the commissioner.
5. (e) The commissioner shall record the names of the persons consulted, the documents and surveys reviewed, and the relevant law and other materials used in the investigation.

Source Note:The provisions of this §13.44 adopted to be effective February 22, 2011, 36 TexReg 1154.