31 TAC § 19.73. Procedure for Removal or Disposal by an Authorized Public Entity

(a) Before removing or disposing of a derelict vessel or structure, an authorized public entity must obtain an order from the commissioner for removal or disposal after notice and an opportunity for hearing as provided in §40.254, Texas Natural Resources Code, except that the commissioner may remove a vessel or structure involved in an actual or threatened unauthorized discharge of oil, a vessel or structure that creates an imminent and significant threat to life or property, or a vessel or structure that creates a significant navigation hazard as part of a response action without a hearing.

(b) The authorized public entity shall remove the derelict vessel or structure to a VMS Site unless provided otherwise in the removal order issued by the commissioner. In determining whether removal to a VMS Site should be waived, the commissioner may consider:

(1) that the size or condition of the vessel or structure makes it impractical to store at a VMS Site;

(2) that an urgent public necessity exists that requires immediate removal and disposal; or

(3) that the derelict vessel or structure has no intrinsic value as determined by the commissioner in the removal order. In determining whether the vessel or structure has no intrinsic value, the commissioner shall consider the factors described in §19.78 of this title (relating to Determination of No Intrinsic Value).

(c) The authorized public entity may dispose of the vessel or structure in any reasonable and environmentally sound manner. The authorized public entity shall give preference to disposal options that generate a monetary benefit from the vessel or structure. Proceeds from the sale of the vessel or structure in accordance with §19.76 of this title (relating to Sale of Derelict Vessel or Structure) shall be used for removal, storage, and disposal costs; however, any proceeds in excess of the cost of removal, storage, and disposal shall be deposited to the credit of the coastal protection fund, except as provided by §19.75 of this title (relating to Lien Holder Rights). If no value may be generated from the vessel or structure, the authorized public entity shall select the least costly method of disposal in accordance with §19.77 of this title (relating to Disposal of Derelict Vessel or Structure).

(d) A derelict vessel or structure with absent registration numbers as defined in §19.71(11) of this title (relating to Numbered Vessels) may be subject to immediate removal by the commissioner if the commissioner determines in his sole discretion that the vessel is also:

(1) a navigational hazard as defined by §19.71(9) of this title; or

(2) a threat to public health, safety or welfare as defined by §19.71(18) of this title.