Texas 2009 - 81st Regular

Texas House Bill HB3306 Compare Versions

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1	1	H.B. No. 3306
2	2
3	3
4	4	AN ACT
5	5	relating to the removal and disposal of certain vessels and
6	6	structures in or on coastal waters.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 40.003, Natural Resources Code, is
9	9	amended by adding Subdivisions (16-a) and (16-b) to read as
10	10	follows:
11	11	(16-a) "No intrinsic value" means that the cost of
12	12	removal and disposal of a vessel or structure that has been
13	13	abandoned or left in or on coastal waters exceeds the salvage value
14	14	of the vessel or structure.
15	15	(16-b) "Numbered vessel" means a vessel:
16	16	(A) for which a certificate of number has been
17	17	awarded by this state as required by Chapter 31, Parks and Wildlife
18	18	Code; or
19	19	(B) covered by a number in full force and effect
20	20	awarded under federal law or a federally approved numbering system
21	21	of another state.
22	22	SECTION 2. Section 40.108, Natural Resources Code, is
23	23	amended by amending Subsections (b) and (d) and adding Subsections
24	24	(d-1), (d-2), and (d-3) to read as follows:
25	25	(b) The commissioner may remove and dispose of or contract
26	26	for the removal and disposal of any vessel or structure described in
27	27	Subsection (a) and may recover the costs of removal, storage, and
28	28	disposal from the owner or operator of the vessel or
29	29	structure. Except as provided by Subsection (d-1), the [The]
30	30	recovered costs shall be deposited to the credit of the coastal
31	31	protection fund established by Section 40.151.
32	32	(d) The commissioner may dispose of the vessel or structure
33	33	in any reasonable and environmentally sound manner. The
34	34	commissioner shall give preference to disposal options that
35	35	generate a monetary benefit from the vessel or structure. If no
36	36	value may be generated from the vessel or structure, the
37	37	commissioner shall select the least costly method. Except as
38	38	provided by Subsection (d-1), proceeds [Proceeds] from the sale of
39	39	the vessel or structure shall be used for removal, storage, and
40	40	disposal costs, and any proceeds in excess of the cost of removal,
41	41	storage, and disposal shall be deposited to the credit of the
42	42	coastal protection fund.
43	43	(d-1) If the commissioner has actual notice that a person
44	44	holds a security interest in a vessel or structure subject to
45	45	removal or disposal under this section, notice must be given to the
46	46	person in the manner provided by Section 40.254. If the vessel or
47	47	structure is not removed within a reasonable time as specified in
48	48	the preliminary report under Section 40.254, the commissioner may
49	49	remove and dispose of, or contract for the removal and disposal of,
50	50	any vessel or structure described by Subsection (a). The interest
51	51	of the state in recovering removal, storage, and disposal costs
52	52	shall have priority over the interest of the holder of a security
53	53	interest in a vessel or structure described by Subsection (a).
54	54	Proceeds from the sale of the vessel or structure in excess of the
55	55	cost of removal, storage, and disposal shall be paid to the holder
56	56	of the security interest in the vessel or structure in an amount not
57	57	to exceed the amount necessary to satisfy the secured debt.
58	58	(d-2) For purposes of this section, the term "structure"
59	59	includes a vehicle as defined by Section 502.001, Transportation
60	60	Code, if the vehicle is:
61	61	(1) located in coastal waters; and
62	62	(2) in a wrecked, derelict, or substantially
63	63	dismantled condition.
64	64	(d-3) The commissioner shall make information on abandoned
65	65	vessels and structures accessible on the General Land Office's
66	66	Internet website and in any other medium, as determined by the
67	67	commissioner, to the public and to a person receiving notice as
68	68	required by Section 40.254.
69	69	SECTION 3. Section 40.254, Natural Resources Code, is
70	70	amended by amending Subsections (b-1), (c-1), (d), (e), (f), and
71	71	(g) and adding Subsection (c-2) to read as follows:
72	72	(b-1) The preliminary report must:
73	73	(1) state the facts that support the commissioner's
74	74	conclusion;
75	75	(2) in the case of a derelict vessel or structure,
76	76	determine whether the vessel or structure is considered:
77	77	(A) a numbered vessel; or
78	78	(B) a vessel or structure that has no intrinsic
79	79	value;
80	80	(3) recommend:
81	81	(A) that a penalty be imposed;
82	82	(B) that a certificate be suspended;
83	83	(C) that a derelict vessel or structure be
84	84	removed or disposed of; or
85	85	(D) any combination of remedies under Paragraphs
86	86	(A)-(C); and
87	87	(4) [(3)] if a penalty under Subdivision (3)(A)
88	88	[(2)(A)] is recommended, recommend the amount of the penalty.
89	89	(c-1) The notice required by Subsection (c) must be given:
90	90	(1) by service in person or by registered or certified
91	91	mail, return receipt requested; or
92	92	(2) if personal service cannot be obtained or the
93	93	address of the person is unknown, by posting a copy of the notice on
94	94	the facility, vessel, or structure and by publishing notice on the
95	95	Internet website of the General Land Office and in the Texas
96	96	Register [a newspaper with general circulation in the county in
97	97	which the facility, vessel, or structure is located] at least two
98	98	times within 10 consecutive days.
99	99	(c-2) The notice required by Subsection (c) must be given by
100	100	posting a copy of the notice on a derelict vessel or structure if
101	101	the derelict vessel or structure has been determined to have no
102	102	intrinsic value under Subsection (b-1).
103	103	(d) Not later than the 20th day after the date on which the
104	104	notice is served, the person charged with the violation or a person
105	105	claiming ownership of a vessel or structure for which notice is
106	106	posted under Subsection (c-2) may consent in writing to the report,
107	107	including the commissioner's recommendations, or make a written
108	108	request for a hearing.
109	109	(e)(1) If the person charged with the violation or a person
110	110	claiming ownership of a vessel for which notice is posted under
111	111	Subsection (c-2) consents to the commissioner's recommendations or
112	112	does not timely respond to the notice, the commissioner by order
113	113	shall take the recommended action or order a hearing to be held on
114	114	the findings and recommendations in the report.
115	115	(2) If the commissioner takes the recommended action,
116	116	the commissioner shall serve written notice of the decision to the
117	117	person in the same manner as provided for notice of the preliminary
118	118	report. The person must comply with the order, including a removal
119	119	order, and pay any penalty assessed.
120	120	(f)(1) If the person charged with the violation or a person
121	121	claiming ownership of a vessel for which notice is posted under
122	122	Subsection (c-2) requests a hearing, the commissioner shall order a
123	123	hearing and shall give written notice of that hearing.
124	124	(2) The hearing shall be held by a hearing examiner
125	125	designated by the commissioner.
126	126	(3) The hearing examiner shall make findings of fact
127	127	and promptly issue to the commissioner a written decision as to the
128	128	occurrence of the violation and a recommendation on suspension of
129	129	the discharge prevention and response certificate, the amount of
130	130	any proposed penalty, the removal or disposal of the derelict
131	131	vessel or structure, or any combination of those remedies.
132	132	(4) Based on the findings of fact and the
133	133	recommendations of the hearing examiner, the commissioner by order
134	134	may:
135	135	(A) find that a violation has occurred and assess
136	136	a penalty;
137	137	(B) suspend a discharge prevention and response
138	138	certificate;
139	139	(C) order the removal or disposal of a derelict
140	140	vessel or structure;
141	141	(D) order any combination of those remedies; or
142	142	(E) find that no violation occurred.
143	143	(5) The commissioner shall serve notice to the person
144	144	of the commissioner's decision. If the commissioner finds that a
145	145	violation has occurred and assesses a penalty, suspends a discharge
146	146	prevention and response certificate, or orders the removal or
147	147	disposal of a derelict vessel or structure, the commissioner shall
148	148	give to the person written notice of:
149	149	(A) the commissioner's findings;
150	150	(B) the amount of the penalty or the terms of the
151	151	suspension or removal or disposal; and
152	152	(C) the person's right to judicial review of the
153	153	commissioner's order.
154	154	(g)(1) Not later than the 30th day after the date on which
155	155	the commissioner's order is final, the person charged with the
156	156	violation or a person claiming ownership of a vessel for which
157	157	notice is posted under Subsection (c-2) shall comply with the order
158	158	or file a petition for judicial review.
159	159	(2) On failure of the person to comply with the order
160	160	or file a petition for judicial review, the commissioner may refer
161	161	the matter to the attorney general for collection and enforcement.
162	162	(3) Judicial review of the order or decision of the
163	163	commissioner shall be under Subchapter G, Chapter 2001, Government
164	164	Code.
165	165	SECTION 4. This Act takes effect September 1, 2009.
166	166	______________________________ ______________________________
167	167	President of the Senate Speaker of the House
168	168	I certify that H.B. No. 3306 was passed by the House on April
169	169	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
170	170	voting.
171	171	______________________________
172	172	Chief Clerk of the House
173	173	I certify that H.B. No. 3306 was passed by the Senate on May
174	174	19, 2009, by the following vote: Yeas 30, Nays 0.
175	175	______________________________
176	176	Secretary of the Senate
177	177	APPROVED: _____________________
178	178	Date
179	179	_____________________
180	180	Governor