Texas Senate Bill SB1852

Texas 2011 - 82nd Regular

• Introduced: 3/11/11

Caption

Relating to the recovery and storage of vessels following natural disasters; providing penalties.

Impact

This bill's implementation could significantly streamline the process for managing vessels impacted by disasters, ensuring that both owners and operators are informed about the status and location of the vessels taken into possession. It sets forth exact timelines for notification, which may aid clarity and lessen confusion that often arises during distressing situations post-natural disasters. The stipulations under SB1852 also include provisions for the eventual sale of abandoned vessels, thus providing a method to responsibly dispose of vessels that are unclaimed after a specified period.

Summary

SB1852 addresses the recovery and storage of vessels following natural disasters, establishing a specific framework for how such vessels are managed when they are towed or taken into custody without the owner's consent. The legislation aims to protect the interests of vessel owners while also providing a clear protocol for the handling of vessels that may be left abandoned due to unforeseen circumstances such as hurricanes or floods. The bill creates a new chapter within the Occupations Code that outlines the responsibilities and obligations of those who take possession of such vessels, including the requirement to notify the local law enforcement agencies within two hours of possession.

Sentiment

Discussion around SB1852 appears to be generally supportive, particularly among those who recognize the need for a structured approach to deal with vessels left unaccounted for in disaster situations. Advocates argue that the bill will enhance community recovery efforts and assist vessel owners in reclaiming their property. However, there may be concerns regarding the penalties outlined for violations, especially from those who fear potential overreach or unintended consequences for individuals busy dealing with the aftermath of a disaster.

Contention

There are notable points of contention that participants in discussions have had regarding the balance between owner rights and the need for fast-action protocols in emergencies. While the bill emphasizes owner notification and allows for the disposal of vessels after a set timeframe, there are clear tensions between ensuring adequate power to vessel managers or towing companies and the rights of owners to retain their property. Some stakeholders might argue that these rushed provisions might lead to wrongful dispossession, which underscores the need for a thorough examination of the bill's text and implications.