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 19.79 - Prioritization of Derelict Vessel and Structure Removal
Current through Reg. 49, No. 52; December 27, 2024
This subchapter does not impose a duty on an authorized public entity to remove or dispose of a derelict vessel or structure. The commissioner may consider the following factors in determining the priority for removal of a derelict vessel or structure:
(1) whether there is an imminent threat of the unauthorized discharge of oil or release of a hazardous substance from the vessel or structure;
(2) whether there is an imminent threat that the vessel or structure will break apart;
(3) proximity of the vessel or structure to a navigational channel;
(4) proximity of the vessel or structure to a critical natural resource area;
(5) whether the local government with jurisdiction over submerged land on or over which a derelict vessel or structure is located has adopted a local ordinance relating to removal and disposal of derelict vessels and has contracted with the commissioner for such removal or disposal;
(6) whether federal and local governmental financial participation in the removal project is maximized, including in-kind contributions;
(7) whether financial participation by private beneficiaries of the removal project is maximized, including in-kind contributions;
(8) whether the removal project achieves efficiencies and economies of scale;
(9) the cost of the proposed project in relation to the amount of money available from appropriated funds; and
(10) any other matter deemed relevant by the commissioner.
