Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 19 - OIL SPILL PREVENTION AND RESPONSE
Subchapter F - DERELICT VESSELS AND STRUCTURES
Section 19.76 - Sale of Derelict Vessel or Structure
Universal Citation: 31 TX Admin Code ยง 19.76
Current through Reg. 49, No. 38; September 20, 2024
(a) If a derelict vessel or structure is not claimed under § 19.74 of this title (relating to Claim of Ownership) or § 19.75 of this title (relating to Lien Holder Rights):
(1)
the owner or lien holder:
(A) waives all
rights and interests in the vessel or structure, except that in the case of a
security interest, the lien holder is entitled to be paid from the proceeds
that exceed the cost of removal, storage, and disposal, an amount necessary to
satisfy the secured debt; and
(B)
consents to the sale of the item by the authorized public entity, transfer the
item, if a watercraft, or the disposal of the item; and
(2) the authorized public entity may sell the
vessel or structure as provided by law or dispose of the vessel or structure as
provided in §
19.77
of this title (relating to Disposal of Derelict Vessel or Structure).
(b) The purchaser of a vessel:
(1) takes title free and clear of all liens
and claims of ownership;
(2) shall
receive a sales receipt from the authorized public entity and a copy of the
commissioner's order authorizing disposal of the vessel after notice and an
opportunity for hearing has occurred; and
(3) is entitled to register the vessel and
apply for a certificate of title from Texas Parks and Wildlife Department for
the vessel as property seized by a governmental entity.
(c) The purchaser of a vessel or structure that has been the subject of a removal action must agree that the person will not abandon the same vessel or structure in violation of Texas Natural Resources Code § 40.108 and that breach of such agreement will subject the person to an civil penalty in the amount specified in Texas Natural Resources Code § 40.251(f).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
