31 Tex. Admin. Code § 19.74 - Claim of Ownership
(a) A person
claiming ownership of a vessel or structure must demonstrate to the
satisfaction of the commissioner that the person has a lawful right to
possession of a vessel or structure by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is subject to a security
interest. The evidence must include either a sworn statement asserting
ownership that details the manner in which ownership was acquired, evidence of
registration or documentation from an authorized federal or state agency, or
evidence of assessed value from the appropriate taxing authority.
(b) The authorized public entity may deliver
possession of a vessel or structure that has been the subject of a removal
action in accordance with Texas Natural Resources Code §
40.108, to a
person claiming ownership prior to its disposal. The person claiming ownership
must reimburse the authorized public entity for costs incurred for the removal
and storage before delivery of possession and no later than the time specified
in a notice of intention to dispose of the vessel or structure.
(c) A person claiming ownership that obtains
delivery of possession of a vessel or structure that has been the subject of a
removal action must agree that the person will not abandon the same vessel or
structure in violation of Texas Natural Resources Code §
40.108 and
that breach of such agreement will subject the person to an civil penalty in
the amount specified in Texas Natural Resources Code §
40.251(f).
Notes
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