reglab/housing_qa huggingface dataset:
TX Nat Res Code § 40.159 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter D. Payment of Costs and Damages|Section 40.159. Claims From Discharges of Oil

Sec. 40.159.  CLAIMS FROM DISCHARGES OF OIL.  (a)  (1) On determining that damage from an unauthorized discharge of oil is likely to occur or has occurred and will result in the filing of claims, the commissioner shall immediately designate the person or persons responsible who, if the designation is not challenged within five days of notice thereof, shall immediately and widely advertise the manner in which the person will accept claims.(2)  If the designation is challenged or the commissioner is otherwise unable to designate a responsible person, the commissioner shall immediately and widely advertise the manner in which the commissioner shall accept claims.(b)(1) A claimant shall submit any claim exceeding $50,000 to the designated responsible person.  If there is no reasonable response from the designated responsible person within 90 days or in the absence of a designated responsible person as provided under Subsection (a)(2) of this section, the claimant shall submit the claim to the federal fund.  If there is no reasonable response from the federal fund within 60 days, the claimant may submit the claim to the fund.(2)  A claimant shall submit any claim less than or equal to $50,000 to the designated responsible person.  If there is no reasonable response from the designated responsible person within 30 days or in the absence of a designated responsible person as provided under Subsection (a)(2) of this section, the claimant may submit the claim to the fund.(c)  Claims must be submitted to the fund by filing with the commissioner not later than 180 days after the periods prescribed in Subsection (b) of this section.  Claims not filed within the time allowed are barred as against the fund.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.160 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter D. Payment of Costs and Damages|Section 40.160. Payment of Awards

Sec. 40.160.  PAYMENT OF AWARDS.  (a)  The commissioner shall establish the amount of the award.  If the claimant accepts the award, the commissioner shall certify the amount of the award and the name of the claimant to the comptroller, who shall pay the award from the fund, subject to Section 40.162 of this code.(b)  If either the claimant or the person or persons determined by the commissioner to be responsible for the unauthorized discharge of oil disagrees with the amount of the award, such person may request a hearing.  The commissioner shall hold a hearing and issue an order setting the amount of the award.(c)  Each person's claims arising from a single discharge must be stated in one application.  Costs or damages omitted from any claim at the time a claimant accepts an award are waived.  The commissioner may make partial final awards toward a single claim.(d)  If a person accepts an award from the fund, it shall bind both the claimant and the commissioner as to all issues covered by the award and may not be further attacked, collaterally or by separate action.  The commissioner shall be subrogated to all rights or causes of action of the claimant arising from the unauthorized discharge and covered by the award.  The claimant shall have no further cause of action against the person responsible for the discharge.(e)  Claims proceedings under this chapter are not contested cases under Chapter 2001, Government Code and judicial review of such proceedings is not available under that Act.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Nat Res Code § 40.161 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter D. Payment of Costs and Damages|Section 40.161. Reimbursement of Fund

Sec. 40.161.  REIMBURSEMENT OF FUND.  (a)  The commissioner shall diligently pursue reimbursement to the fund of any sum expended or paid from the fund.  (b)  In any action to recover such sums, the commissioner shall submit to the court a written report of the amounts paid from or owed by the fund.  The amounts paid from or owed by the fund stated in the report shall create a rebuttable presumption of the amount of the fund's damages.  The written report shall be admissible in evidence.(c)  This section does not apply to a sum expended under Section 40.152(a)(9).|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1999, 76th Leg., ch. 508, Sec. 9, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 14.006(b), eff. September 1, 2005.|
TX Nat Res Code § 40.162 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter D. Payment of Costs and Damages|Section 40.162. Awards Exceeding Fund

Sec. 40.162.  AWARDS EXCEEDING FUND.  (a)  If the total awards against the fund exceed the existing balance of the fund, the claimant or claimants shall be paid from the future income of the fund.  Each claimant or claimants shall receive a pro rata share of all money available in the fund until the total amount of awards is paid.(b)  The commissioner by rule may make exceptions to Subsection (a) of this section in cases of hardship.  Amounts collected by the fund from the prosecution of actions shall be used to satisfy the claims as to which such prosecutions relate to the extent unsatisfied.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.201 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter E. Liability of Persons Responsible|Section 40.201. Financial Responsibility

Sec. 40.201.  FINANCIAL RESPONSIBILITY.  (a)  Each owner or operator of a vessel subject to Section 40.114 of this code and operating within coastal waters or waters adjoining and accessible from coastal waters or any terminal facility subject to this code shall establish and maintain evidence of financial responsibility for costs and damages from unauthorized discharges of oil pursuant to federal law or in any other manner provided in this chapter.(b)  If a vessel subject to Section 40.114 of this code or a terminal facility is not required under federal law to establish and maintain evidence of financial responsibility, the owner or operator of that vessel or terminal facility shall establish and maintain evidence in an amount and form prescribed by rules promulgated under this code.(c)  Any owner or operator of a vessel that is a member of any protection and indemnity mutual organization, which is a member of the international group, any other owner or operator that is an assured of the Water Quality Insurance Syndicate, or an insured of any other organization approved by the commissioner, and which is covered for oil pollution risks up to the amounts required by federal law is in compliance with the financial responsibility requirements of this chapter.  The commissioner shall specifically designate the organizations and the terms under which owners and operators of vessels shall demonstrate financial responsibility.(d)  After an unauthorized discharge of oil, a vessel shall remain in the jurisdiction of the commissioner until the owner, operator, or person in charge has shown the commissioner evidence of financial responsibility.  The commissioner may not detain the vessel longer than 12 hours after the vessel has proven financial responsibility.(e)  In addition to any other remedy or enforcement provision, the commissioner may suspend a registrant's discharge prevention and response certificate or may deny a vessel entry into any port in coastal waters for failure to comply with this section.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 8, eff. Sept. 1, 1993.|
TX Nat Res Code § 40.203 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter E. Liability of Persons Responsible|Section 40.203. Liability for Natural Resources Damages

Sec. 40.203.  LIABILITY FOR NATURAL RESOURCES DAMAGES.  (a)  The commissioner, on behalf of the trustees, shall seek reimbursement from the federal fund for damages to natural resources in excess of the liability limits prescribed in Section 40.202 of this code.  If that request is denied or additional money is required following receipt of the federal money, the commissioner has the authority to pay the requested reimbursement from the fund for a period of two years from the date the federal fund grants or denies the request for reimbursement.(b)  In addition to liability under Section 40.202 of this code, persons responsible for actual or threatened unauthorized discharges of oil are liable for natural resources damages attributable to the discharge.(c)  The total liability for all natural resource damages of any person responsible for an actual or threatened unauthorized discharge of oil from a vessel shall not exceed the following:(1)  for a vessel that carries oil in bulk, as cargo, the greater of:(A)  $1,200 per gross ton;  or(B)(i) in the case of a vessel greater than 3,000 gross tons, $10 million;  or(ii)  in the case of a vessel of 3,000 gross tons or less, $2 million;  or(2)  for any other vessel, $600 per gross ton or $500,000, whichever is greater.(d)  The total liability for all natural resource damages of any person responsible for an actual or threatened unauthorized discharge of oil from a terminal facility shall not exceed the following:(1)  for each terminal facility with a capacity:(A)  above 150,000 barrels, $70 per barrel not to exceed $350,000,000;(B)  from 70,001 to 150,000 barrels, $10,000,000;(C)  from 30,001 to 70,000 barrels, $5,000,000;(D)  from 10,000 to 30,000 barrels, $2,000,000;(2)  for any other terminal, $500,000.(e)  The commissioner shall ensure that there will be no double recovery of damages or response costs.(f)  If any actual or threatened unauthorized discharge of oil was the result of gross negligence or wilful misconduct or a violation of any applicable federal or state safety, construction, or operating regulation, the person responsible for such gross negligence or wilful misconduct or a violation of any applicable federal or state safety, construction, or operating regulation is liable for the full amount of all damages to natural resources.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 9, eff. Sept. 1, 1993.|
TX Nat Res Code § 40.204 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter E. Liability of Persons Responsible|Section 40.204. Defenses

Sec. 40.204.  DEFENSES.  The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge resulted solely from any of the following or any combination of the following:(1)  an act of war or terrorism;(2)  an act of government, either state, federal, or local;(3)  an unforeseeable occurrence exclusively occasioned by the violence of nature without the interference of any human act or omission;  or(4)  the wilful misconduct or a negligent act or omission of a third party, other than an employee or agent of the person responsible or a third party whose conduct occurs in connection with a contractual relationship with the responsible person, unless the responsible person failed to exercise due care and take precautions against foreseeable conduct of the third party.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.205 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter E. Liability of Persons Responsible|Section 40.205. Third Parties

Sec. 40.205.  THIRD PARTIES.  If a responsible person alleges a defense under Section 40.204(4) of this code, the responsible person shall pay all response costs and damages.  The responsible person shall be subrogated to any rights or cause of action belonging to those to whom such payment is made.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.252 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.252. Administrative Penalties

Sec. 40.252.  ADMINISTRATIVE PENALTIES.  The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code.  In determining the amount of penalties, the commissioner shall consider:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;(2)  the degree of cooperation and quality of response;(3)  the degree of culpability and history of previous violations by the person subject to the penalty;(4)  the amount necessary to deter future violations;  and(5)  any other matter that justice requires.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.253 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.253. Cumulative Enforcement

Sec. 40.253.  CUMULATIVE ENFORCEMENT.  This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.255 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.255. Actions

Sec. 40.255.  ACTIONS.  (a)  The commissioner may seek injunctive relief to prevent a violation of this chapter from continuing or occurring.(b)  All actions on behalf of the state to enforce this chapter or recover civil penalties, unpaid administrative penalties, claims of the fund, response costs, and damages arising under this chapter shall be brought by the attorney general at the direction of the commissioner.  In any such action in which the state prevails, the state shall be entitled to recover reasonable attorney fees.(c)  Repealed by Acts 1993, 73rd Leg., ch. 776, Sec. 10, eff. Sept. 1, 1993.(d)  Each owner or operator of a terminal facility or vessel subject to the provisions of this chapter shall designate a person in the state as his legal agent for service of process, and such designation shall be filed with the secretary of state.  In the absence of such designation, the secretary of state shall be the designated agent for purposes of service of process under this chapter.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 10, eff. Sept. 1, 1993.|
TX Nat Res Code § 40.256 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.256. Individual Cause of Action

Sec. 40.256.  INDIVIDUAL CAUSE OF ACTION.  The remedies in this chapter are cumulative and not exclusive.  This chapter does not require pursuit of any claim against the fund as a condition precedent to any other remedy, nor does this chapter prohibit any person from bringing an action at common law or under any other law not inconsistent with this chapter for response costs or damages resulting from a discharge or other condition of pollution covered by this chapter.  No such action shall collaterally estop or bar the commissioner in any action brought by the commissioner under this chapter.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.257 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.257. Venue

Sec. 40.257.  VENUE.  (a)  Venue for all actions and prosecution of all offenses under this chapter may be brought in Travis County or in any county where the violation of this chapter that is the subject of the action or prosecution occurred.(b)  All appeals from administrative proceedings under this chapter shall be filed in a district court of Travis County, Texas, pursuant to Chapter 2001, Government Code.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Nat Res Code § 40.258 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter F. Enforcement|Section 40.258. Federal Law

Sec. 40.258.  FEDERAL LAW.  (a)  (1) The commissioner shall promulgate rules that, to the greatest extent practicable, conform to the national contingency plan and rules promulgated under federal law.(2)  The commissioner may impose requirements under such rules that are in addition to or vary materially from federal requirements if the state interests served by the requirements substantially outweigh the burdens imposed on those subject to the requirements.(3)  Any request for judicial review of any rule must be filed in a district court in Travis County within 90 days of the effective date of the rule or plan challenged.(4)  Any matter subject to judicial review under Subdivisions (1) through (3) of this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or for recovery of response costs or damages.(b)  In implementing this chapter, the commissioner to the greatest extent practicable shall employ federal funds unless federal funds will not be available in an adequate period of time.(c)  All federal funds received by the state relating to response to unauthorized discharges of oil under this chapter shall be deposited in the fund.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 15, eff. Sept. 1, 2003.|
TX Nat Res Code § 40.301 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter G. Miscellaneous Provisions|Section 40.301. Interstate Compacts

Sec. 40.301.  INTERSTATE COMPACTS.  The commissioner may enter into compacts or agreements with other states consistent with and to further the purposes of this chapter.  The commissioner may also participate in initiatives to develop multistate and international standards and cooperation on unauthorized discharge prevention and response.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.302 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter G. Miscellaneous Provisions|Section 40.302. Institutions of Higher Education

Sec. 40.302.  INSTITUTIONS OF HIGHER EDUCATION.  The commissioner by interagency contract shall enter into agreements with state institutions of higher education for research, testing, and development of oil discharge prevention and response technology, oil discharge response training, wildlife and natural resources rescue and rehabilitation, development of computer models to predict the movements and impacts of unauthorized discharges of oil, and other purposes consistent with and in furtherance of the purposes of this chapter.  Contracts or agreements relating to wildlife and aquatic resources shall be made in coordination with the Parks and Wildlife Department.  To the greatest extent possible, contracts shall be coordinated with studies being done by other state agencies, the federal government, or private industry to minimize duplication of efforts.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.304 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle C - Administration|Chapter 40 - Oil Spill Prevention and Response Act of 1991|Subchapter G. Miscellaneous Provisions|Section 40.304. Small Spill Education Program

Sec. 40.304.  SMALL SPILL EDUCATION PROGRAM.  The commissioner shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, offshore support vessels, ferries, cruise ships, ports, marinas, and recreational boats.  The small spill education program shall illustrate ways to reduce oil contamination of bilge water, accidental spills of motor oil and hydraulic fluid during routine maintenance, and spills during refueling.  The program shall illustrate proper disposal of oil and promote strategies to meet shoreside oil handling and disposal needs of targeted groups.  The program shall include a series of training materials and workshops and the development of educational materials.|Added by Acts 1993, 73rd Leg., ch. 776, Sec. 11, eff. Sept. 1, 1993.|
TX Nat Res Code § 51.012 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter B. Provisions Generally Applicable|Section 51.012. Commissioner's Authority

Sec. 51.012.  COMMISSIONER'S AUTHORITY.  Subject to the authority of the board and to exceptions and restrictions that may be imposed by the constitution and laws of this state, the commissioner is vested with the authority necessary to carry out the provisions of this chapter relating to the sale and lease of public school land and to the protection of this land from free use and occupancy and from unlawful enclosure.|Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 3, eff. June 18, 2003.|
TX Nat Res Code § 51.0125 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter B. Provisions Generally Applicable|Section 51.0125. Land Used by State Agency

Sec. 51.0125.  LAND USED BY STATE AGENCY.  Land that belongs to the permanent school fund as a result of having been deeded or given to the state and that has been used in the past by a state agency shall be first offered for sale or lease to state agencies before it can be sold or leased to any other party.  No permanent school fund land may be used by a state agency without market value compensation to the permanent school fund.|Added by Acts 1993, 73rd Leg., ch. 991, Sec. 12, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 4, eff. June 18, 2003.|