85R8546 JXC-F
By: Bonnen of Galveston, Bonnen of Brazoria H.B. No. 1625
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for the enforcement by the General Land
Office of the Oil Spill Prevention and Response Act of 1991.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40.108(c), Natural Resources Code, is
amended to read as follows:
(c) The commissioner must comply with the requirements of
Section 40.254 before removing or disposing of a vessel or
structure described in Subsection (a), except that the commissioner
may remove a vessel or structure without first providing notice and
an opportunity for a hearing if the vessel or structure:
(1) is involved in an actual or threatened
unauthorized discharge of oil;
(2) creates an imminent and significant threat to life
or property; or
(3) creates a significant navigation hazard [without a
hearing].
SECTION 2. Section 40.254, Natural Resources Code, is
amended by amending Subsections (b-1), (c-1), (c-2), and (d) and
adding Subsections (c-3), (c-4), and (d-1) to read as follows:
(b-1) The preliminary report must:
(1) state the facts that support the commissioner's
conclusion;
(2) in the case of a derelict vessel or structure,
determine whether the vessel or structure is considered:
(A) a numbered vessel; [or]
(B) a vessel or structure that has no intrinsic
value; or
(C) a vessel or structure described by Section
40.108(c)(1), (2), or (3);
(3) recommend:
(A) that a penalty be imposed;
(B) that a certificate be suspended;
(C) that a derelict vessel or structure be
removed or disposed of; [or]
(D) that a derelict vessel or structure be
removed or disposed of because it is a vessel or structure described
by Section 40.108(c)(1), (2), or (3); or
(E) any combination of remedies under Paragraphs
(A)-(D) [(A)-(C)]; and
(4) if a penalty under Subdivision (3)(A) is
recommended, recommend the amount of the penalty.
(c-1) Except as provided by Subsection (c-3), the [The]
notice required by Subsection (c) must be given:
(1) by service in person or by registered or certified
mail, return receipt requested; or
(2) if personal service cannot be obtained or the
address of the person is unknown, by posting a copy of the notice on
the facility, vessel, or structure and by publishing notice on the
Internet website of the General Land Office and in the Texas
Register at least two times within 10 consecutive days.
(c-2) If notice is given in the manner provided by
Subsection (c-1), not later than the 20th day after the date on
which the notice is served or mailed, or not later than the 20th day
after the later of the date on which the notice was posted or the
last date the notice was published, as applicable, the person
charged with the violation or a person claiming ownership of the
facility, vessel, or structure may consent in writing to the
report, including the commissioner's recommendations, or make a
written request for a hearing.
(c-3) The notice required by Subsection (c) must be given by
posting a copy of the notice on a derelict vessel or structure or by
publishing notice on the Internet website of the General Land
Office for 10 consecutive days if the derelict vessel or structure
has been determined to have no intrinsic value under Subsection
(b-1) and:
(1) the vessel or structure is not a numbered vessel or
structure;
(2) there are no identifiable markings on the vessel
or structure for which the current owner can be reasonably
identified for service; or
(3) the address of the person charged with the
violation is unknown.
(c-4) If notice is given in the manner provided by
Subsection (c-3), not [(d) Not] later than the 10th [20th] day
after the date on which the notice was posted or the last date the
notice was published [is served], the person charged with the
violation or a person claiming ownership of the [a] vessel or
structure [for which notice is posted under Subsection (c-2)] may
consent in writing to the report, including the commissioner's
recommendations, or make a written request for a hearing.
(d) If a vessel or structure is removed without notice as
authorized by Section 40.108(c), the commissioner shall serve
written notice of the removal to the person charged with the
violation not later than the 10th day after the date on which the
removal occurs. The removal notice must:
(1) include the information required to be in a
preliminary report notice under Subsection (c); and
(2) be provided in the manner described by Subsection
(c-1), except that notice provided under the circumstances
described by Subsection (c-1)(2) is not required to be posted on the
vessel or structure.
(d-1) If notice is given in the manner provided by
Subsection (d), not later than the 20th day after the date on which
the notice is served or mailed, or not later than the 20th day after
the last date the notice was published, as applicable, the person
charged with the violation or a person claiming ownership of the
vessel or structure may consent in writing to the report, including
the commissioner's recommendations, or make a written request for a
hearing.
SECTION 3. Section 40.254(e), Natural Resources Code, is
amended by amending Subdivision (1) and adding Subdivision (3) to
read as follows:
(1) If the person charged with the violation or a
person claiming ownership of a facility, vessel, or structure for
which notice is provided under Subsection (c-1), (c-3), or (d)
[posted under Subsection (c-2)] consents to the commissioner's
recommendations or does not timely respond to the notice, the
commissioner by order shall take the recommended action or order a
hearing to be held on the findings and recommendations in the
report.
(3) The commissioner is not required to provide notice
under Subdivision (2) of this subsection if notice was provided
under Subsection (c-1)(2), (c-3), or (d) and the subject of the
notice is a vessel or structure that was removed in the manner
provided by Section 40.108.
SECTION 4. Section 40.254(f)(1), Natural Resources Code, is
amended to read as follows:
(1) If the person charged with the violation or a
person claiming ownership of a facility, vessel, or structure for
which notice is provided under Subsection (c-1), (c-3), or (d)
[posted under Subsection (c-2)] requests a hearing, the
commissioner shall order a hearing and shall give written notice of
that hearing.
SECTION 5. Section 40.254(g)(1), Natural Resources Code, is
amended to read as follows:
(1) Not later than the 30th day after the date on which
the commissioner's order is final, the person charged with the
violation or a person claiming ownership of the facility, [a]
vessel, or structure [for which notice is posted under Subsection
(c-2)] shall comply with the order or file a petition for judicial
review.
SECTION 6. The changes in law made by this Act apply only to
an enforcement proceeding commenced by the General Land Office on
or after the effective date of this Act. A proceeding commenced
before the effective date of this Act is governed by the law in
effect on the date the proceeding was commenced, and the former law
is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.