(a) Applicability. This subchapter applies to any structure
or vessel in or on coastal waters, on public or private lands or at
a public or private port or dock if the structure or vessel is in
a wrecked, derelict, or substantially dismantled condition.
(b) Purpose. There has been an increase in the number
of derelict and abandoned vessels that are either grounded or anchored
upon publicly or privately owned submerged lands. These vessels are
public nuisances and safety hazards as they often pose hazards to
navigation, detract from the aesthetics of Texas coastal waterways,
and threaten the environment with the potential release of oil and
hazardous substances. The costs associated with the disposal of derelict
and abandoned vessels are substantial, and in many cases there is
no way to track down the current vessel owners in order to seek compensation.
As a result, the costs associated with the removal of derelict vessels
becomes a burden on public entities and the taxpaying public. This
subchapter is adopted to implement H.B 2096 (Acts 2005, 79th Legislature,
Chapter 216, effective September 1, 2005), H.B. 3306 (Acts 2009, 81st
Legislature, Chapter 1324, effective September 1, 2009), and H.B.
1625 (Acts 2017, 85th Legislature, Chapter 259, effective September
1, 2017).
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