This subchapter does not impose a duty on an authorized public entity to remove or dispose of a derelict vessel or structure. The commissioner may consider the following factors in determining the priority for removal of a derelict vessel or structure:

1. (1) whether there is an imminent threat of the unauthorized discharge of oil or release of a hazardous substance from the vessel or structure;
2. (2) whether there is an imminent threat that the vessel or structure will break apart;
3. (3) proximity of the vessel or structure to a navigational channel;
4. (4) proximity of the vessel or structure to a critical natural resource area;
5. (5) whether the local government with jurisdiction over submerged land on or over which a derelict vessel or structure is located has adopted a local ordinance relating to removal and disposal of derelict vessels and has contracted with the commissioner for such removal or disposal;
6. (6) whether federal and local governmental financial participation in the removal project is maximized, including in-kind contributions;
7. (7) whether financial participation by private beneficiaries of the removal project is maximized, including in-kind contributions;
8. (8) whether the removal project achieves efficiencies and economies of scale;
9. (9) the cost of the proposed project in relation to the amount of money available from appropriated funds; and
10. (10) any other matter deemed relevant by the commissioner.

Source Note:The provisions of this §19.79 adopted to be effective September 13, 2010, 35 TexReg 8377.