| (a) The director may consider the following criteria
in determining whether to grant or deny a permit:
(1) the past performance of the applicant with respect
to its obedience and strict observance of the terms of past permits;
(2) whether the applicant shows evidence of financial
responsibility;
(3) the ability of the applicant to operate, including
its facilities for operation;
(4) the existence of sedimentary materials in the area
applied for;
(5) whether the granting of the permit will have a
material adverse effect on recreational activity in the general area
affected by the permit;
(6) whether the granting of the permit will have a
material adverse effect on commercial fishing or the general seafood
industry in the general area affected by the permit;
(7) the effect, if any, on navigation in the general
area affected by the permit.
(b) The director shall consider the following criteria
in determining whether to grant or deny a permit:
(1) whether operation under the proposed permit will
damage or injuriously affect oysters, oyster beds, or fish-inhabiting
waters thereof or adjacent thereto;
(2) whether the operation will damage or injuriously
affect any island, reef, bar, channel, river, creek, or bayou used
for frequent or occasional navigation, or change or otherwise injuriously
affect any current that will affect navigation;
(3) the requirements of industry for such sedimentary
materials and the relative value to the State of Texas for commercial
use.
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