(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.

Source Note: The provisions of this §69.108 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060