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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal and disposal of certain vessels and |
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structures in or on coastal waters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.003, Natural Resources Code, is |
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amended by adding Subdivisions (16-a) and (16-b) to read as |
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follows: |
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(16-a) "No intrinsic value" means that the cost of |
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removal and disposal of a vessel or structure that has been |
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abandoned or left in or on coastal waters exceeds the salvage value |
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of the vessel or structure. |
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(16-b) "Numbered vessel" means a vessel: |
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(A) for which a certificate of number has been |
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awarded by this state as required by Chapter 31, Parks and Wildlife |
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Code; or |
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(B) covered by a number in full force and effect |
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awarded under federal law or a federally approved numbering system |
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of another state. |
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SECTION 2. Section 40.108, Natural Resources Code, is |
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amended by amending Subsections (b) and (d) and adding Subsections |
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(d-1), (d-2), and (d-3) to read as follows: |
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(b) The commissioner may remove and dispose of or contract |
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for the removal and disposal of any vessel or structure described in |
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Subsection (a) and may recover the costs of removal, storage, and |
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disposal from the owner or operator of the vessel or |
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structure. Except as provided by Subsection (d-1), the [The] |
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recovered costs shall be deposited to the credit of the coastal |
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protection fund established by Section 40.151. |
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(d) The commissioner may dispose of the vessel or structure |
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in any reasonable and environmentally sound manner. The |
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commissioner shall give preference to disposal options that |
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generate a monetary benefit from the vessel or structure. If no |
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value may be generated from the vessel or structure, the |
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commissioner shall select the least costly method. Except as |
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provided by Subsection (d-1), proceeds [Proceeds] from the sale of |
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the vessel or structure shall be used for removal, storage, and |
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disposal costs, and any proceeds in excess of the cost of removal, |
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storage, and disposal shall be deposited to the credit of the |
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coastal protection fund. |
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(d-1) If the commissioner has actual notice that a person |
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holds a security interest in a vessel or structure subject to |
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removal or disposal under this section, notice must be given to the |
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person in the manner provided by Section 40.254. If the vessel or |
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structure is not removed within a reasonable time as specified in |
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the preliminary report under Section 40.254, the commissioner may |
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remove and dispose of, or contract for the removal and disposal of, |
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any vessel or structure described by Subsection (a). The interest |
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of the state in recovering removal, storage, and disposal costs |
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shall have priority over the interest of the holder of a security |
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interest in a vessel or structure described by Subsection (a). |
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Proceeds from the sale of the vessel or structure in excess of the |
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cost of removal, storage, and disposal shall be paid to the holder |
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of the security interest in the vessel or structure in an amount not |
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to exceed the amount necessary to satisfy the secured debt. |
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(d-2) For purposes of this section, the term "structure" |
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includes a vehicle as defined by Section 502.001, Transportation |
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Code, if the vehicle is: |
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(1) located in coastal waters; and |
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(2) in a wrecked, derelict, or substantially |
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dismantled condition. |
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(d-3) The commissioner shall make information on abandoned |
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vessels and structures accessible on the commission's Internet |
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website and in any other medium, as determined by the commission, to |
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the public and to a person receiving notice as required by Section |
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40.254. |
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SECTION 3. Section 40.254, Natural Resources Code, is |
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amended by amending Subsections (b-1), (c-1), (d), (e), (f), and |
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(g) and adding Subsection (c-2) to read as follows: |
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(b-1) The preliminary report must: |
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(1) state the facts that support the commissioner's |
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conclusion; |
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(2) in the case of a derelict vessel or structure, |
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determine whether the vessel or structure is considered: |
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(A) a numbered vessel; or |
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(B) a vessel or structure that has no intrinsic |
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value; |
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(3) recommend: |
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(A) that a penalty be imposed; |
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(B) that a certificate be suspended; |
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(C) that a derelict vessel or structure be |
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removed or disposed of; or |
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(D) any combination of remedies under Paragraphs |
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(A)-(C); and |
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(4) [(3)] if a penalty under Subdivision (3)(A) |
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[(2)(A)] is recommended, recommend the amount of the penalty. |
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(c-1) The notice required by Subsection (c) must be given: |
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(1) by service in person or by registered or certified |
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mail, return receipt requested; or |
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(2) if personal service cannot be obtained or the |
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address of the person is unknown, by posting a copy of the notice on |
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the facility, vessel, or structure and by publishing notice on the |
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Internet website of the General Land Office and in the Texas |
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Register [a newspaper with general circulation in the county in
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which the facility, vessel, or structure is located] at least two |
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times within 10 consecutive days. |
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(c-2) The notice required by Subsection (c) must be given by |
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posting a copy of the notice on a derelict vessel or structure if |
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the derelict vessel or structure has been determined to have no |
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intrinsic value under Subsection (b-1). |
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(d) Not later than the 20th day after the date on which the |
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notice is served, the person charged with the violation or a person |
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claiming ownership of a vessel or structure for which notice is |
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posted under Subsection (c-2) may consent in writing to the report, |
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including the commissioner's recommendations, or make a written |
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request for a hearing. |
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(e)(1) If the person charged with the violation or a person |
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claiming ownership of a vessel for which notice is posted under |
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Subsection (c-2) consents to the commissioner's recommendations or |
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does not timely respond to the notice, the commissioner by order |
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shall take the recommended action or order a hearing to be held on |
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the findings and recommendations in the report. |
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(2) If the commissioner takes the recommended action, |
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the commissioner shall serve written notice of the decision to the |
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person in the same manner as provided for notice of the preliminary |
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report. The person must comply with the order, including a removal |
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order, and pay any penalty assessed. |
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(f)(1) If the person charged with the violation or a person |
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claiming ownership of a vessel for which notice is posted under |
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Subsection (c-2) requests a hearing, the commissioner shall order a |
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hearing and shall give written notice of that hearing. |
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(2) The hearing shall be held by a hearing examiner |
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designated by the commissioner. |
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(3) The hearing examiner shall make findings of fact |
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and promptly issue to the commissioner a written decision as to the |
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occurrence of the violation and a recommendation on suspension of |
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the discharge prevention and response certificate, the amount of |
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any proposed penalty, the removal or disposal of the derelict |
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vessel or structure, or any combination of those remedies. |
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(4) Based on the findings of fact and the |
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recommendations of the hearing examiner, the commissioner by order |
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may: |
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(A) find that a violation has occurred and assess |
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a penalty; |
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(B) suspend a discharge prevention and response |
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certificate; |
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(C) order the removal or disposal of a derelict |
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vessel or structure; |
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(D) order any combination of those remedies; or |
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(E) find that no violation occurred. |
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(5) The commissioner shall serve notice to the person |
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of the commissioner's decision. If the commissioner finds that a |
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violation has occurred and assesses a penalty, suspends a discharge |
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prevention and response certificate, or orders the removal or |
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disposal of a derelict vessel or structure, the commissioner shall |
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give to the person written notice of: |
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(A) the commissioner's findings; |
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(B) the amount of the penalty or the terms of the |
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suspension or removal or disposal; and |
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(C) the person's right to judicial review of the |
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commissioner's order. |
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(g)(1) Not later than the 30th day after the date on which |
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the commissioner's order is final, the person charged with the |
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violation or a person claiming ownership of a vessel for which |
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notice is posted under Subsection (c-2) shall comply with the order |
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or file a petition for judicial review. |
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(2) On failure of the person to comply with the order |
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or file a petition for judicial review, the commissioner may refer |
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the matter to the attorney general for collection and enforcement. |
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(3) Judicial review of the order or decision of the |
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commissioner shall be under Subchapter G, Chapter 2001, Government |
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Code. |
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SECTION 4. This Act takes effect September 1, 2009. |