reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter B. Discharge Response › Section 40.052. Hazardous Substances Discharges

Sec. 40.052.  HAZARDOUS SUBSTANCES DISCHARGES.  If the unauthorized discharge involves predominantly a hazardous substance, the Texas Commission on Environmental Quality shall carry out responsibility for abatement, containment, removal, and cleanup of the hazardous substances discharged, pursuant to Subchapter G, Chapter 26, Water Code.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.267, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 146, Sec. 4, eff. Sept. 1, 2003.
2023 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 40.101. Notification and Response

Sec. 40.101.  NOTIFICATION AND RESPONSE.  (a)  Any person responsible for an unauthorized discharge of oil or the person in charge of any vessel or a terminal facility from or at which an unauthorized discharge of oil has occurred, as soon as that person has knowledge of the discharge, shall:
(1)  immediately notify the commissioner of the discharge;  and
(2)  undertake all reasonable actions to abate, contain, and remove pollution from the discharge.
(b)  If the persons responsible or in charge are unknown or appear to the commissioner to be unwilling or unable to abate, contain, and remove pollution from an unauthorized discharge of oil in an adequate manner, the commissioner may abate, contain, and remove pollution from the discharge and may contract with and appoint agents who shall operate under the direction of the commissioner.
(c)  In order to prevent duplication of effort among state agencies, the commissioner shall utilize the expertise of the Texas Commission on Environmental Quality on technical and scientific actions, including but not limited to:
(1)  taking samples in the spill area;
(2)  monitoring meteorological conditions that may affect spill response operations;  and
(3)  regulating disposal of spilled material.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.269, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 146, Sec. 5, eff. Sept. 1, 2003.
2023 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 40.102. Response Coordination

Sec. 40.102.  RESPONSE COORDINATION.  (a)  In responding to actual or threatened unauthorized discharges of oil, the commissioner may appoint a state-designated on-scene coordinator to act in the commissioner's place.
(b)  If the unauthorized discharge of oil is subject to the national contingency plan, in responding to the discharge the commissioner or the state-designated on-scene coordinator shall to the greatest extent practicable act in accordance with the national contingency plan and cooperate with the federal on-scene coordinator or other federal agency or official exercising authority under the national contingency plan.
(c)  The commissioner or the state-designated on-scene coordinator may act independently to the extent no federal on-scene coordinator or authorized agency or official of the federal government has assumed federal authority to oversee, coordinate, and direct response operations.
(d)  The state or federal on-scene coordinator may authorize the decanting of recovered water during containment, cleanup, and response activities resulting from an unauthorized discharge of oil.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 4, eff. Sept. 1, 1993.
2023 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 40.103. Assistance and Compensation

Sec. 40.103.  ASSISTANCE AND COMPENSATION.  (a)  Subject to the commissioner's authority under this chapter, any person or discharge cleanup organization may assist in abating, containing, or removing pollution from any unauthorized discharge of oil.  This chapter does not affect any rights not inconsistent with this chapter that any such person or organization may have against any third party whose acts or omissions caused or contributed to the unauthorized discharge.
(b)  Any person or discharge cleanup organization that renders assistance in abating, containing, or removing pollution from any unauthorized discharge of oil may receive compensation from the fund for response costs, provided the commissioner approves compensation prior to the assistance being rendered.  The commissioner, on petition and for good cause shown, may waive the prior approval prerequisite.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 6, eff. Sept. 1, 2003.
2023 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 40.104. Qualified Immunity for Response Actions

Sec. 40.104.  QUALIFIED IMMUNITY FOR RESPONSE ACTIONS.  (a)  No action taken by any person or discharge cleanup organization to abate, contain, or remove pollution from an unauthorized discharge of oil, whether such action is taken voluntarily, or pursuant to the national contingency plan, or pursuant to a discharge response plan required under this chapter, or pursuant to the request of an authorized federal or state official, or pursuant to the request of the responsible person, shall be construed as an admission of responsibility or liability for the discharge.
(b)  No person or discharge cleanup organization that voluntarily, or pursuant to the national contingency plan, or pursuant to any discharge response plan required under this chapter, or pursuant to the request of an authorized federal or state official, or pursuant to the request of the responsible person, renders assistance or advice in abating, containing, or removing pollution from an unauthorized discharge of oil is liable for response costs, damages, or civil penalties resulting from acts or omissions committed in rendering such assistance or advice, except for acts or omissions of gross negligence or wilful misconduct.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 7, eff. Sept. 1, 2003.
2023 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 40.105. Equipment and Personnel

Sec. 40.105.  EQUIPMENT AND PERSONNEL.  The commissioner may establish and maintain equipment and trained personnel at places the commissioner determines may be necessary to facilitate response operations.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 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 40.106. Refusal to Cooperate

Sec. 40.106.  REFUSAL TO COOPERATE.  (a)  If a responsible person, or a person or discharge cleanup organization under the control of a responsible person, participating in operations to abate, contain, and remove pollution from any unauthorized discharge of oil, reasonably believes that any directions or orders given by the commissioner or the commissioner's designee under this chapter will unreasonably endanger public safety or natural resources or conflict with directions or orders of the federal on-scene coordinator, the party may refuse to comply with the direction or orders.
(b)  The party shall state at the time of refusal the reason or reasons why the party refuses to comply.  The party shall give the commissioner written notice of the reason or the reasons for the refusal within 48 hours of the refusal.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 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 40.109. Registration of Terminal Facilities

Sec. 40.109.  REGISTRATION OF TERMINAL FACILITIES.  (a)  A person may not operate or cause to be operated a terminal facility without a discharge prevention and response certificate issued pursuant to rules promulgated under this chapter.
(b)(1) As a condition precedent to the issuance or renewal of a certificate, the commissioner shall require satisfactory evidence that:
(A)  the applicant has implemented a discharge prevention and response plan consistent with state and federal plans and regulations for prevention of unauthorized discharges of oil and abatement, containment, and removal of pollution when such discharge occurs;  and
(B)  the applicant can 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.
(2)  A terminal facility response plan that complies with requirements under federal law and regulations for a terminal facility response plan satisfies the requirements of Subdivision (1)(A) of this subsection.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.