reglab/housing_qa huggingface dataset:
TX Nat Res Code § 40.110 (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 C. Oil Spill Prevention and Response|Section 40.110. General Terms

Sec. 40.110.  GENERAL TERMS.  (a)  Discharge prevention and response certificates are valid for a period of five years.  The commissioner by rule shall require each registrant to report annually on the status of its discharge prevention and response plan and response capability.  (b)  The commissioner may review a certificate at any time there is a material change affecting the terminal facility's discharge prevention and response plan or response capability.(c)  Certificates shall be issued subject to such terms and conditions as the commissioner may determine are reasonably necessary to carry out the purposes of this chapter.(d)  Certificates issued to any terminal facility shall take into account the vessels used to transport oil to or from the facility.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1014 (H.B. 1481), Sec. 2, eff. September 1, 2017.|
TX Nat Res Code § 40.111 (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 C. Oil Spill Prevention and Response|Section 40.111. Information

Sec. 40.111.  INFORMATION.  Each applicant for a discharge prevention and response certificate shall submit information, in a form satisfactory to the commissioner, describing the following:(1)  the barrel or other measurement capacity of the terminal facility;(2)  the dimensions and barrel capacity of the largest vessel docking at or providing service from the terminal facility;(3)  the storage and transfer capacities and average daily throughput of the terminal facility;(4)  the types of oil stored, handled, or transferred at the terminal facility;(5)  information related to implementation of the applicant's discharge prevention and response plan, including:(A)  all response equipment such as vehicles, vessels, pumps, skimmers, booms, bioremediation supplies and application devices, dispersants, chemicals, and communication devices to which the terminal facility has access, as well as the estimated time required to deploy the equipment after an unauthorized discharge of oil;(B)  the trained personnel that are required and available to deploy and operate the response equipment, as well as the estimated time required to deploy the personnel after an unauthorized discharge of oil;(C)  the measures employed to prevent unauthorized discharges of oil;  and(D)  the terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs;(6)  the source, nature of, and conditions of financial responsibility for response costs and damages;  and(7)  any other information necessary or appropriate to the review of a registrant's discharge prevention and response capabilities.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.112 (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 C. Oil Spill Prevention and Response|Section 40.112. Issuance

Sec. 40.112.  ISSUANCE.  On compliance with Sections 40.109 through 40.111, the commissioner shall issue the applicant a discharge prevention and response certificate covering the terminal facility.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1014 (H.B. 1481), Sec. 1, eff. September 1, 2017.|
TX Nat Res Code § 40.113 (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 C. Oil Spill Prevention and Response|Section 40.113. Suspension

Sec. 40.113.  SUSPENSION.  If the commissioner determines that a registrant does not have a discharge prevention and response plan or that the registrant's preventive measures or containment and cleanup capabilities are inadequate, the commissioner may, after notice and hearing as provided in Section 40.254 of this code, suspend the registrant's certificate until such time as the registrant complies with the requirements of this chapter.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.114 (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 C. Oil Spill Prevention and Response|Section 40.114. Contingency Plans for Vessels

Sec. 40.114.  CONTINGENCY PLANS FOR VESSELS.  (a)  Any vessel with a capacity to carry 10,000 gallons or more of oil as fuel or cargo that operates in coastal waters or waters adjoining and accessible from coastal waters shall maintain a written vessel-specific discharge prevention and response plan that satisfies the requirements of rules promulgated under this chapter.  This section shall not apply to any dedicated response vessel or to any other vessel for activities within state waters related solely to the containment and cleanup of oil, including response-related training or drills.(b)  The plan must:(1)  provide for response actions including notification to the commissioner, verification of the unauthorized discharge, identification of the pollutant, assessment of the discharge, vessel stabilization, and discharge abatement and mitigation;(2)  designate an on-board spill officer who satisfies the definition of trained personnel as provided by Section 40.003 of this code and who shall train the vessel's crew to conduct unauthorized discharge response operations according to the plan and shall coordinate on-board response operations in the event of an unauthorized discharge;  and(3)  contain any other provision the commissioner reasonably requires by rule.(c)  A discharge prevention and response plan that complies with requirements under federal laws and regulations for a vessel-specific plan satisfies the requirements of Subsections (a) and (b) of this section.(d)  The owner or operator of a vessel subject to this section must be able to provide, directly or through membership or contract with a discharge cleanup organization, all required equipment and trained personnel to prevent, abate, contain, and remove pollution from an unauthorized discharge of oil as provided in the plan.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 6, eff. Sept. 1, 1993.|
TX Nat Res Code § 40.116 (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 C. Oil Spill Prevention and Response|Section 40.116. Audits, Inspections, and Drills

Sec. 40.116.  AUDITS, INSPECTIONS, AND DRILLS.  The commissioner may subject a vessel subject to Section 40.114 of this code or a terminal facility to an announced or unannounced audit, inspection, or drill to determine the discharge prevention and response capabilities of the terminal facility or vessels.  Any vessel drill conducted by the commissioner shall be in cooperation and conjunction with the United States Coast Guard, and the commissioner's participation may not interfere with the schedule of the vessel.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 10, eff. Sept. 1, 2003.|
TX Nat Res Code § 40.117 (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 C. Oil Spill Prevention and Response|Section 40.117. Regulations

Sec. 40.117.  REGULATIONS.  (a)  The commissioner shall from time to time adopt, amend, repeal, and enforce reasonable regulations, including but not limited to those relating to the following matters regarding the unauthorized discharge of oil:(1)  standards and requirements for discharge prevention and response capabilities of terminal facilities and vessels;(2)  standards, procedures, and methods of designating persons in charge and reporting unauthorized discharges and violations of this chapter;(3)  standards, procedures, methods, means, and equipment to be used in the abatement, containment, and removal of pollution;(4)  development and implementation of criteria and plans of response to unauthorized discharges of various degrees and kinds, including realistic worst-case scenarios;(5)  requirements for complete and thorough inspections of vessels subject to Section 40.114 of this code and of terminal facilities;(6)  certification of discharge cleanup organizations;(7)  requirements for the safety and operation of vessels, motor vehicles, motorized equipment, and other equipment involved in the transfer of oil at terminal facilities and the approach and departure from terminal facilities;(8)  requirements that required containment equipment be on hand, maintained, and deployed by trained personnel;(9)  requirements for certification as trained personnel;(10)  standards for reporting material changes in discharge prevention and response plans and response capability for purposes of terminal facility certificate reviews;  and(11)  such other rules and regulations consistent with this chapter and appropriate or necessary to carry out the intent of this chapter.(b)  Repealed by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.|
TX Nat Res Code § 40.151 (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 40.151. Coastal Protection Fund

Sec. 40.151.  COASTAL PROTECTION FUND.  (a)  The purpose of this subchapter is to provide immediately available funds for response to all unauthorized discharges, for cleanup of pollution from unauthorized discharges of oil, for payment of damages from unauthorized discharges of oil, and for erosion response projects.(b)  The coastal protection fund is established in the state treasury to be used by the commissioner as a nonlapsing revolving fund only for carrying out the purposes of this chapter and of Subchapter H, Chapter 33.  To this fund shall be credited all fees, penalties, judgments, reimbursements, proceeds from the sale of a vessel or structure removed under Section 40.108, money forfeited under Section 77.119(e), Parks and Wildlife Code, interest or income on the fund, and charges provided for in this chapter and the fee revenues levied, collected, and credited pursuant to this chapter.  The fund shall not exceed $50 million.(c)  The commissioner may accept grants, gifts, and donations of property, including real property, on behalf of the fund.  The commissioner may sell real or personal property accepted on behalf of the fund and shall deposit the proceeds of the sale in the fund.(d)  Any interest in real or personal property acquired by donation, gift, or grant or by using money in the fund shall be held by the commissioner.(e)  Repealed by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.055, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 1058, Sec. 14(a), eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 508, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 146, Secs. 11, 16, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 216 (H.B. 2096), Sec. 2, eff. September 1, 2005.|
TX Nat Res Code § 40.152 (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 40.152. Use of Fund

Sec. 40.152.  USE OF FUND.  (a)  Money in the fund may be disbursed for the following purposes and no others:(1)  administrative expenses, personnel and training expenses, and equipment maintenance and operating costs related to implementation and enforcement of this chapter;(2)  response costs related to abatement and containment of actual or threatened unauthorized discharges of oil incidental to unauthorized discharges of hazardous substances;(3)  response costs and damages related to actual or threatened unauthorized discharges of oil;(4)  assessment, restoration, rehabilitation, or replacement of or mitigation of damage to natural resources damaged by an unauthorized discharge of oil;(5)  in an amount not to exceed $50,000 annually, the small spill education program;(6)  in an amount not to exceed $1,250,000 annually, interagency contracts under Section 40.302;(7)  the purchase of response equipment under Section 40.105 within two years of the effective date of this chapter, in an amount not to exceed $4 million;  thereafter, for the purchase of equipment to replace equipment that is worn or obsolete;(8)  other costs and damages authorized by this chapter;(9)  in an amount not to exceed the interest accruing to the fund annually, erosion response projects under Subchapter H, Chapter 33;  and(10)  in conjunction with the Railroad Commission of Texas, costs related to the plugging of abandoned or orphaned oil wells located on state-owned submerged lands.(b)  There is hereby appropriated from the fund to the General Land Office, subject to this section, the amounts specified for the purposes of Subdivisions (5) and (6) of Subsection (a) of this section, $2.5 million for administrative costs under this chapter for the two-year period beginning with the effective date of this chapter, and the actual amounts necessary to pay response costs and damages as provided in 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. 7, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 508, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 146, Sec. 12, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 15.01, eff. August 29, 2005.Acts 2007, 80th Leg., R.S., Ch. 1268 (H.B. 3385), Sec. 1, eff. June 15, 2007.|
TX Nat Res Code § 40.153 (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 40.153. Reimbursement of Fund

Sec. 40.153.  REIMBURSEMENT OF FUND.  The commissioner shall recover to the use of the fund, either from persons responsible for the unauthorized discharge or otherwise liable or from the federal fund, jointly and severally, all sums owed to or expended from the fund.  This section does not apply to sums 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. 8, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 14.006(a), eff. September 1, 2005.|
TX Nat Res Code § 40.154 (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 40.154. Coastal Protection Fee; Administrative Costs

Sec. 40.154.  COASTAL PROTECTION FEE;  ADMINISTRATIVE COSTS.  (a)  There is hereby imposed a fee on every person owning crude oil in a vessel at the time such crude oil is transferred to or from a marine terminal.  This fee is in addition to all taxes or other fees levied on crude oil.  (b)  The operator of the marine terminal shall collect the fee from the owner of the crude oil and remit the fee to the comptroller unless the owner of the crude oil is registered with the comptroller for remittance of the fee.  The fee shall be imposed only once on the same crude oil.  The fee shall be paid monthly by the last day of the month following the calendar month in which liability for the fee is incurred.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.155 (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 40.155. Determination of Fee

Sec. 40.155.  DETERMINATION OF FEE.  (a)  Except as otherwise provided in this section, the rate of the fee shall be 1-1/3 cents per barrel of crude oil until the commissioner certifies that the unencumbered balance in the fund has reached $20 million.  The commissioner shall certify to the comptroller the date on which the unencumbered balance in the fund exceeds $20 million.  The fee shall not be collected or required to be paid on or after the first day of the second month following the commissioner's certification to the comptroller that the unencumbered balance in the fund exceeds $20 million.(b)  If the unencumbered balance in the fund falls below $10 million, the commissioner shall certify such fact to the comptroller.  On receiving the commissioner's certification, the comptroller shall resume collecting the fee until suspended in the manner provided in Subsection (a) of this section.(c)  Notwithstanding the provisions of Subsection (a) or (b) of this section, the fee shall be levied at the rate of four cents per barrel if the commissioner certifies to the comptroller a written finding of the following facts:(1)  the unencumbered balance in the fund is less than $20 million;(2)  an unauthorized discharge of oil in excess of 100,000 gallons has occurred within the previous 30 days; and(3)  expenditures from the fund for response costs and damages are expected to deplete the fund substantially.(d)  In the event of a certification to the comptroller under Subsection (c) of this section, the comptroller shall collect the fee at the rate of four cents per barrel until the unencumbered balance in the fund reaches $20 million or any lesser amount that the commissioner determines is necessary to pay response costs and damages without substantially depleting the fund.  The commissioner shall certify to the comptroller the date on which the unencumbered balance in the fund exceeds $20 million or such other lesser amount.  The fee shall not be collected or required to be paid on or after the first day of the second month following the commissioner's certification to the comptroller.(e)  For purposes of this section, the unencumbered balance of the fund shall be determined by the unencumbered cash balance of the fund at the end of each month or on the date of a finding under Subsection (c) of this section.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 1058, Sec. 15, eff. Aug. 30, 1995.Amended by: Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 15.02, eff. August 29, 2005.|
TX Nat Res Code § 40.156 (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 40.156. Administration of Fee

Sec. 40.156.  ADMINISTRATION OF FEE.  (a)  The comptroller shall administer the provisions of this section as provided in Chapters 101 through 113 of the Tax Code.(b)  In the event the commissioner makes a finding under Section 40.155(c) of this code, the commissioner shall publish the finding in the Texas Register.  In the event of any suspension or other reinstatement of the fee, the comptroller shall publish the suspension or reinstatement in the Texas Register at least 30 days prior to the scheduled effective date of the suspension or reinstatement.(c)  In the event of an emergency, the comptroller shall reinstate the fee in accordance with rules promulgated for that purpose.(d)  The fee levied under this section shall be due and collected beginning 60 days after the effective date of this chapter.  Contingent upon receipt by the comptroller of such fees, the commissioner may temporarily use general revenue funds, in an amount not to exceed estimated revenues to the coastal protection fund in the fiscal year in which revenues are collected.  The general revenue amounts used shall be repaid out of the first fees collected under this chapter, and may be used only for purposes of meeting temporary cash flow needs during the fiscal year.  The transfer and repayment of these funds shall be completed by the end of each fiscal year under procedures and standards established by the comptroller.(e)  If refunds are determined to be due, they shall be paid only from the fund.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.157 (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 40.157. Liability of the Fund

Sec. 40.157.  LIABILITY OF THE FUND.  (a)  Persons who incur response costs or who are entitled to damages as a result of an unauthorized discharge of oil may receive compensation from the fund.(b)  Any person other than the state seeking compensation from the fund must file a claim with the commissioner.  The claimant must provide the commissioner with satisfactory proof of the costs incurred or damages claimed.  Each claimant shall make a sworn verification of the claim.(c)  The commissioner shall prescribe appropriate forms and requirements and by rule shall establish procedures for filing claims for compensation from the fund and for response cost reimbursements to other state agencies from the fund.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|
TX Nat Res Code § 40.158 (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 40.158. Exceptions to Liability

Sec. 40.158.  EXCEPTIONS TO LIABILITY.  (a)  Except as provided by Subsection (b) of this section, the fund is absolutely liable for:(1)  all proven, reasonable response costs approved by the commissioner under Section 40.103 of this code from an unauthorized discharge of oil;(2)  all natural resources damages from an unauthorized discharge of oil;  and(3)  with the exception of those damages proportionately attributable to the negligence or wilful misconduct of the claimant, all other proven damages from the fund from an unauthorized discharge of oil.(b)  A person liable for an unauthorized discharge of a hazardous substance may not file a claim or be reimbursed from the fund for the unauthorized discharge of a hazardous substance.  A person responsible for an unauthorized discharge of oil may not file a claim or be reimbursed from the fund except:(1)  if the person responsible is entitled to a defense to liability under Section 40.204 of this code, a claim for response costs and damages may be filed;  or(2)  if the person responsible is entitled to a limitation of liability under Section 40.202 of this code, a claim for response costs and damages to the extent that they exceed the applicable limitation may be filed.(c)  No claim may be approved or certified during the pendency of any action by the claimant in court to recover response costs or damages that are the subject of the claim.|Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.|