1. (a) Denial of entry into port of any vessel without evidence of financial responsibility or without a discharge prevention and response plan in violation of §19.61 and §19.62 of this title (relating to Response Plans and Financial Responsibility) shall be done in cooperation with the United States Coast Guard when practicable.

2. (b) Before being granted entry into any port in this state, a person in charge of any vessel may be required to report or show the following:

   1. (1) any unauthorized discharges from the vessel since leaving the last port;
   2. (2) any mechanical or operational problem on the vessel;
   3. (3) any denial of entry into any port during the current voyage of the vessel;
   4. (4) that the vessel has a discharge prevention and response plan and the trained personnel and equipment to implement it as required under OSPRA and §19.61 of this title (relating to Response Plans);
   5. (5) that the vessel has evidence of financial responsibility as required by federal law or OSPRA.

3. (c) Before being granted entry into port, an OPA vessel may be required to produce, in addition to the information required by subsection (b) of this section, information related to:

   1. (1) vessel name;
   2. (2) vessel's qualified individual, who can be contacted at any time;
   3. (3) the estimated time of arrival and of departure from the port of call; and
   4. (4) an approved vessel response plan that is aboard the vessel (except that the vessel making a one time, one port entry need not have a geographic specific appendix); and
   5. (5) the availability of sufficient resources to adequately abate, contain and remove any unauthorized discharge of oil from the vessel.

4. (d) Before being granted entry into port, an IMO vessel may be required to produce, in addition to the information required by subsection (b) of this section, information related to:

   1. (1) vessel name;
   2. (2) person in charge, who can be contacted at any time;
   3. (3) the estimated time of arrival and of departure from the port of call;
   4. (4) an approved IMO vessel response plan that is aboard the vessel; and
   5. (5) identification of two response organizations that can adequately abate, contain and remove any unauthorized discharge of oil from the vessel.
5. (e) Any IMO vessel or OPA vessel, requiring entry into a Texas port due to a change in orders or due to an emergency caused by operational malfunctions or force of nature shall be entitled to entry into a Texas port if the following information is supplied: vessel name; vessel's qualified individual or person in charge, who can be contacted at any time; estimated time of arrival and departure from port; an approved response plan on board the vessel; and identification of two response organizations that can adequately abate, contain and remove an unauthorized discharge of oil from the vessel.
6. (f) Exception to compliance with this subchapter. A one time, one port only exception from the requirements of this subchapter will be granted pursuant to this subsection. Any IMO vessel or OPA vessel shall be denied entry into port pursuant to this section, after utilizing this one time, one port exception. An IMO vessel or OPA vessel requesting this exception due to changed orders shall submit to the GLO the IMO Vessel Form or the OPA vessel response plan, required pursuant to §19.61 of this title (relating to Response Plans), as soon as practicable after the one time, one port entry.

Source Note:The provisions of this §19.63 adopted to be effective November 14, 1995, 20 TexReg 9012.