(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).

Source Note: The provisions of this §19.74 adopted to be effective September 13, 2010, 35 TexReg 8377