SECTION 26.43. Approval

(a) The commission may, after considering public input concerning the proposed transfer, approve a proposed transfer under this subchapter if:

(1) the RMA agrees to assume all liability and responsibility for the safe and effective maintenance and operation of the ferry upon its transfer;

(2) the RMA agrees to assume all liability and responsibility for compliance with all federal laws, regulations, and policies applicable to the ferry;

(3) the commission determines that the transfer is in the public interest;

(4) the RMA agrees to assume all liability and responsibility for EPIC; and

(5) the RMA has adopted rules providing criteria and guidelines for approval of the transfer of a ferry.

(b) Commission approval under this section is conditioned on the approval of the governor.

Source Note: The provisions of this §26.43 adopted to be effective March 18, 2004, 29 TexReg 2722; amended to be effective January 5, 2006, 30 TexReg 8999