79th Texas Legislature, Regular Session, House Bill 2096, Chapter 216 Page: 2 of 11
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H.B. No. 2096
1 the coastal protection fund established by Section 40.151.
2 (c) The commissioner must comply with the requirements of
3 Section 40.254 before removing or disposing of a vessel or
4 structure, except that the commissioner may remove a vessel or
5 structure involved in an actual or threatened unauthorized
6 discharge of oil without a hearing.
7 (d) The commissioner may dispose of the vessel or structure
8 in any reasonable and environmentally sound manner. The
9 commissioner shall give preference to disposal options that
10 generate a monetary benefit from the vessel or structure. If no
11 value may be generated from the vessel or structure, the
12 commissioner shall select the least costly method. Proceeds from
13 the sale of the vessel or structure shall be used for removal and
14 disposal costs, and any proceeds in excess of the cost of removal
15 and disposal shall be deposited to the credit of the coastal
16 protection fund.
17 (e) The commissioner by rule may establish a system for
18 prioritizing the removal or disposal of vessels or structures under
19 this section.
20 (f) This section does not impose a duty on the state to
21 remove or dispose of a vessel or structure or to warn of a hazardous
22 condition on state land.
23 SECTION 2. Section 40.151, Natural Resources Code, is
24 amended by amending Subsections (b) and (d) and adding Subsection
25 (c) to read as follows:
26 (b) The coastal protection fund is established in the state
27 treasury to be used by the commissioner as a nonlapsing revolving
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Texas. Legislature. House of Representatives. 79th Texas Legislature, Regular Session, House Bill 2096, Chapter 216, legislative document, May 27, 2005; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth156705/m1/2/?q=%22Janek%22: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.