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AN ACT
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relating to the procedures for the enforcement by the General Land |
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Office of the Oil Spill Prevention and Response Act of 1991. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.108(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The commissioner must comply with the requirements of |
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Section 40.254 before removing or disposing of a vessel or |
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structure described in Subsection (a), except that the commissioner |
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may remove a vessel or structure without first providing notice and |
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an opportunity for a hearing if the owner or operator of the vessel |
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or structure, or a person acting on behalf of the owner or operator, |
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is not taking reasonable steps to abate the discharge, threat, or |
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hazard described by Subsection (a) and the vessel or structure: |
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(1) is involved in an actual or threatened |
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unauthorized discharge of oil; |
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(2) creates an imminent and significant threat to life |
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or property; or |
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(3) creates a significant navigation hazard [without a
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hearing]. |
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SECTION 2. Section 40.254, Natural Resources Code, is |
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amended by amending Subsections (b-1), (c-1), (c-2), and (d) and |
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adding Subsections (c-3), (c-4), and (d-1) to read as follows: |
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(b-1) The preliminary report must: |
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(1) state the facts that support the commissioner's |
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conclusion; |
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(2) in the case of a derelict vessel or structure, |
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determine whether the vessel or structure is considered: |
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(A) a numbered vessel; [or] |
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(B) a vessel or structure that has no intrinsic |
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value; or |
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(C) a vessel or structure described by Section |
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40.108(c)(1), (2), or (3); |
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(3) recommend: |
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(A) that a penalty be imposed; |
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(B) that a certificate be suspended; |
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(C) that a derelict vessel or structure be |
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removed or disposed of; [or] |
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(D) that a derelict vessel or structure be |
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removed or disposed of because it is a vessel or structure described |
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by Section 40.108(c)(1), (2), or (3); or |
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(E) any combination of remedies under Paragraphs |
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(A)-(D) [(A)-(C)]; and |
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(4) if a penalty under Subdivision (3)(A) is |
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recommended, recommend the amount of the penalty. |
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(c-1) Except as provided by Subsection (c-3), the [The] |
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notice required by Subsection (c) must be given: |
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(1) by service in person or by registered or certified |
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mail, return receipt requested; or |
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(2) if personal service cannot be obtained or the |
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address of the person is unknown, by posting a copy of the notice on |
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the facility, vessel, or structure and by publishing notice on the |
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Internet website of the General Land Office and in the Texas |
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Register at least two times within 10 consecutive days. |
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(c-2) If notice is given in the manner provided by |
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Subsection (c-1), not later than the 20th day after the date on |
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which the notice is served or mailed, or not later than the 20th day |
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after the later of the date on which the notice was posted or the |
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last date the notice was published, as applicable, the person |
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charged with the violation or a person claiming ownership of the |
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facility, vessel, or structure may consent in writing to the |
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report, including the commissioner's recommendations, or make a |
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written request for a hearing. |
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(c-3) The notice required by Subsection (c) must be given by |
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posting a copy of the notice on a derelict vessel or structure or by |
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publishing notice on the Internet website of the General Land |
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Office for 10 consecutive days if the derelict vessel or structure |
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has been determined to have no intrinsic value under Subsection |
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(b-1) and: |
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(1) the vessel or structure is not a numbered vessel or |
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structure; |
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(2) there are no identifiable markings on the vessel |
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or structure for which the current owner can be reasonably |
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identified for service; or |
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(3) the address of the person charged with the |
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violation is unknown. |
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(c-4) If notice is given in the manner provided by |
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Subsection (c-3), not [(d) Not] later than the 10th [20th] day |
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after the date on which the notice was posted or the last date the |
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notice was published [is served], the person charged with the |
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violation or a person claiming ownership of the [a] vessel or |
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structure [for which notice is posted under Subsection (c-2)] may |
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consent in writing to the report, including the commissioner's |
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recommendations, or make a written request for a hearing. |
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(d) If a vessel or structure is removed without notice as |
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authorized by Section 40.108(c), the commissioner shall serve |
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written notice of the removal to the person charged with the |
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violation not later than the 10th day after the date on which the |
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removal occurs. The removal notice must: |
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(1) include the information required to be in a |
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preliminary report notice under Subsection (c); and |
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(2) be provided in the manner described by Subsection |
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(c-1), except that notice provided under the circumstances |
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described by Subsection (c-1)(2) is not required to be posted on the |
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vessel or structure. |
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(d-1) If notice is given in the manner provided by |
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Subsection (d), not later than the 20th day after the date on which |
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the notice is served or mailed, or not later than the 20th day after |
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the last date the notice was published, as applicable, the person |
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charged with the violation or a person claiming ownership of the |
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vessel or structure may consent in writing to the report, including |
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the commissioner's recommendations, or make a written request for a |
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hearing. |
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SECTION 3. Section 40.254(e), Natural Resources Code, is |
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amended by amending Subdivision (1) and adding Subdivision (3) to |
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read as follows: |
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(1) If the person charged with the violation or a |
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person claiming ownership of a facility, vessel, or structure for |
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which notice is provided under Subsection (c-1), (c-3), or (d) |
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[posted under Subsection (c-2)] consents to the commissioner's |
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recommendations or does not timely respond to the notice, the |
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commissioner by order shall take the recommended action or order a |
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hearing to be held on the findings and recommendations in the |
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report. |
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(3) The commissioner is not required to provide notice |
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under Subdivision (2) of this subsection if notice was provided |
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under Subsection (c-1)(2), (c-3), or (d) and the subject of the |
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notice is a vessel or structure that was removed in the manner |
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provided by Section 40.108. |
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SECTION 4. Section 40.254(f)(1), Natural Resources Code, is |
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amended to read as follows: |
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(1) If the person charged with the violation or a |
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person claiming ownership of a facility, vessel, or structure for |
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which notice is provided under Subsection (c-1), (c-3), or (d) |
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[posted under Subsection (c-2)] requests a hearing, the |
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commissioner shall order a hearing and shall give written notice of |
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that hearing. |
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SECTION 5. Section 40.254(g)(1), Natural Resources Code, is |
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amended to read as follows: |
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(1) Not later than the 30th day after the date on which |
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the commissioner's order is final, the person charged with the |
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violation or a person claiming ownership of the facility, [a] |
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vessel, or structure [for which notice is posted under Subsection
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(c-2)] shall comply with the order or file a petition for judicial |
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review. |
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SECTION 6. The changes in law made by this Act apply only to |
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an enforcement proceeding commenced by the General Land Office on |
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or after the effective date of this Act. A proceeding commenced |
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before the effective date of this Act is governed by the law in |
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effect on the date the proceeding was commenced, and the former law |
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is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1625 was passed by the House on April |
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27, 2017, by the following vote: Yeas 143, Nays 1, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1625 on May 19, 2017, by the following vote: Yeas 140, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1625 was passed by the Senate, with |
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amendments, on May 12, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |