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 19.72 - Authority of Authorized Public Entity

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An authorized public entity has the authority, subject to the processes and
				  limitations of this subchapter, to store, strip, use, auction, sell, salvage,
				  scrap, or dispose of a derelict vessel found on or above submerged lands within
				  the jurisdiction of the authorized public entity. A vessel disposal must be
				  done in an environmentally sound manner and in accordance with all federal,
				  state, and local laws, including the state solid waste disposal provisions
				  provided for in Chapter 361, Texas Health and Safety Code. Scuttling or sinking
				  of a vessel is only permissible after obtaining the express permission of the
				  owner or owners of the submerged lands below where the scuttling or sinking
				  would occur, and obtaining all necessary state and federal permits or
				  licenses.
(b) The primary
				  responsibility to remove a derelict or abandoned vessel belongs to the owner,
				  operator, or lessee of the moorage facility or the lessee of the submerged
				  lands where the vessel is located. If the authorized public entity with
				  jurisdiction is unwilling or unable to exercise the authority granted by this
				  section, it may request the General Land Office to assume the authorized public
				  entity's authority for a particular vessel. The General Land Office may, at its
				  discretion, assume authority for a particular vessel after being requested to
				  do so. For vessels not at a moorage facility, an authorized public entity with
				  jurisdiction over the submerged lands where the vessel is located may, at its
				  discretion, request to assume primary responsibility for that particular vessel
				  from the owner of the submerged lands where the vessel is located.
(c) An authorized public entity that
				  contracts for the removal and disposal of derelict vessel or structure shall
				  require the contractor to maintain a policy of insurance to cover the cost of
				  response to and removal of any unauthorized discharge of oil caused by the
				  contractor during the removal and storage of the vessel or structure.
(d) Nothing in this subchapter shall limit
				  the authority of a law enforcement agency to use agency personnel, equipment,
				  and facilities or contract for other personnel, equipment, and facilities to
				  remove, preserve, store, send notice regarding, and dispose of an abandoned
				  motor vehicle, watercraft, or outboard motor taken into custody by the agency
				  or the disposal under Texas Transportation Code, §§
										683.011
				  -
				  683.016,
				  or the authority of a municipality or county for the abatement and removal from
				  private or public property or a public right-of-way of a junked vehicle or part
				  of a junked vehicle as a public nuisance under Texas Transportation Code,
				  §§
										683.071
				  -
				  683.078.
(e) The authority granted by this subchapter
				  is permissive, and no authorized public entity has a duty to exercise the
				  authority. No liability attaches to an authorized public entity that chooses
				  not to exercise this authority.