81R10395 TRH-F
 
  By: Bonnen H.B. No. 3306
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the removal and disposal of certain vessels and
  structures in or on coastal waters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 40.003, Natural Resources Code, is
  amended by adding Subdivisions (16-a) and (16-b) to read as
  follows:
               (16-a)  "No intrinsic value" means that the cost of
  removal and disposal of a vessel or structure that has been
  abandoned or left in or on coastal waters exceeds the salvage value
  of the vessel or structure.
               (16-b)  "Numbered vessel" means a vessel:
                     (A)  for which a certificate of number has been
  awarded by this state as required by Chapter 31, Parks and Wildlife
  Code; or
                     (B)  covered by a number in full force and effect
  awarded under federal law or a federally approved numbering system
  of another state.
         SECTION 2.  Section 40.108, Natural Resources Code, is
  amended by amending Subsections (b) and (d) and adding Subsections
  (d-1), (d-2), and (d-3) to read as follows:
         (b)  The commissioner may remove and dispose of or contract
  for the removal and disposal of any vessel or structure described in
  Subsection (a) and may recover the costs of removal, storage, and
  disposal from the owner or operator of the vessel or
  structure.  Except as provided by Subsection (d-1), the [The]
  recovered costs shall be deposited to the credit of the coastal
  protection fund established by Section 40.151.
         (d)  The commissioner may dispose of the vessel or structure
  in any reasonable and environmentally sound manner.  The
  commissioner shall give preference to disposal options that
  generate a monetary benefit from the vessel or structure.  If no
  value may be generated from the vessel or structure, the
  commissioner shall select the least costly method.  Except as
  provided by Subsection (d-1), proceeds [Proceeds] from the sale of
  the vessel or structure shall be used for removal, storage, and
  disposal costs, and any proceeds in excess of the cost of removal,
  storage, and disposal shall be deposited to the credit of the
  coastal protection fund.
         (d-1)  If the commissioner has actual notice that a person
  holds a security interest in a vessel or structure subject to
  removal or disposal under this section, notice must be given to the
  person in the manner provided by Section 40.254. If the vessel or
  structure is not removed within a reasonable time as specified in
  the preliminary report under Section 40.254, the commissioner may
  remove and dispose of, or contract for the removal and disposal of,
  any vessel or structure described by Subsection (a). The interest
  of the state in recovering removal, storage, and disposal costs
  shall have priority over the interest of the holder of a security
  interest in a vessel or structure described by Subsection (a).
  Proceeds from the sale of the vessel or structure in excess of the
  cost of removal, storage, and disposal shall be paid to the holder
  of the security interest in the vessel or structure in an amount not
  to exceed the amount necessary to satisfy the secured debt.
         (d-2)  For purposes of this section, the term "structure"
  includes a vehicle as defined by Section 502.001, Transportation
  Code, if the vehicle is:
               (1)  located in coastal waters; and
               (2)  in a wrecked, derelict, or substantially
  dismantled condition.
         (d-3)  The commissioner shall make information on abandoned
  vessels and structures accessible on the commission's Internet
  website and in any other medium, as determined by the commission, to
  the public and to a person receiving notice as required by Section
  40.254.
         SECTION 3.  Section 40.254, Natural Resources Code, is
  amended by amending Subsections (b-1), (c-1), (d), (e), (f), and
  (g) and adding Subsection (c-2) to read as follows:
         (b-1)  The preliminary report must:
               (1)  state the facts that support the commissioner's
  conclusion;
               (2)  in the case of a derelict vessel or structure,
  determine whether the vessel or structure is considered:
                     (A)  a numbered vessel; or
                     (B)  a vessel or structure that has no intrinsic
  value;
               (3)  recommend:
                     (A)  that a penalty be imposed;
                     (B)  that a certificate be suspended;
                     (C)  that a derelict vessel or structure be
  removed or disposed of; or
                     (D)  any combination of remedies under Paragraphs
  (A)-(C); and
               (4) [(3)]  if a penalty under Subdivision (3)(A)
  [(2)(A)] is recommended, recommend the amount of the penalty.
         (c-1)  The notice required by Subsection (c) must be given:
               (1)  by service in person or by registered or certified
  mail, return receipt requested; or
               (2)  if personal service cannot be obtained or the
  address of the person is unknown, by posting a copy of the notice on
  the facility, vessel, or structure and by publishing notice on the
  Internet website of the General Land Office and in the Texas
  Register [a newspaper with general circulation in the county in
  which the facility, vessel, or structure is located] at least two
  times within 10 consecutive days.
         (c-2)  The notice required by Subsection (c) must be given by
  posting a copy of the notice on a derelict vessel or structure if
  the derelict vessel or structure has been determined to have no
  intrinsic value under Subsection (b-1).
         (d)  Not later than the 20th day after the date on which the
  notice is served, the person charged with the violation or a person
  claiming ownership of a vessel or structure for which notice is
  posted under Subsection (c-2) may consent in writing to the report,
  including the commissioner's recommendations, or make a written
  request for a hearing.
         (e)(1)  If the person charged with the violation or a person
  claiming ownership of a vessel for which notice is posted under
  Subsection (c-2) consents to the commissioner's recommendations or
  does not timely respond to the notice, the commissioner by order
  shall take the recommended action or order a hearing to be held on
  the findings and recommendations in the report.
               (2)  If the commissioner takes the recommended action,
  the commissioner shall serve written notice of the decision to the
  person in the same manner as provided for notice of the preliminary
  report.  The person must comply with the order, including a removal
  order, and pay any penalty assessed.
         (f)(1)  If the person charged with the violation or a person
  claiming ownership of a vessel for which notice is posted under
  Subsection (c-2) requests a hearing, the commissioner shall order a
  hearing and shall give written notice of that hearing.
               (2)  The hearing shall be held by a hearing examiner
  designated by the commissioner.
               (3)  The hearing examiner shall make findings of fact
  and promptly issue to the commissioner a written decision as to the
  occurrence of the violation and a recommendation on suspension of
  the discharge prevention and response certificate, the amount of
  any proposed penalty, the removal or disposal of the derelict
  vessel or structure, or any combination of those remedies.
               (4)  Based on the findings of fact and the
  recommendations of the hearing examiner, the commissioner by order
  may:
                     (A)  find that a violation has occurred and assess
  a penalty;
                     (B)  suspend a discharge prevention and response
  certificate;
                     (C)  order the removal or disposal of a derelict
  vessel or structure;
                     (D)  order any combination of those remedies; or
                     (E)  find that no violation occurred.
               (5)  The commissioner shall serve notice to the person
  of the commissioner's decision.  If the commissioner finds that a
  violation has occurred and assesses a penalty, suspends a discharge
  prevention and response certificate, or orders the removal or
  disposal of a derelict vessel or structure, the commissioner shall
  give to the person written notice of:
                     (A)  the commissioner's findings;
                     (B)  the amount of the penalty or the terms of the
  suspension or removal or disposal; and
                     (C)  the person's right to judicial review of the
  commissioner's order.
         (g)(1)  Not later than the 30th day after the date on which
  the commissioner's order is final, the person charged with the
  violation or a person claiming ownership of a vessel for which
  notice is posted under Subsection (c-2) shall comply with the order
  or file a petition for judicial review.
               (2)  On failure of the person to comply with the order
  or file a petition for judicial review, the commissioner may refer
  the matter to the attorney general for collection and enforcement.
               (3)  Judicial review of the order or decision of the
  commissioner shall be under Subchapter G, Chapter 2001, Government
  Code.
         SECTION 4.  This Act takes effect September 1, 2009.