Texas Statutes
Subtitle C - Administration
Chapter 40 - Oil Spill Prevention and Response Act of 1991

Section 40.005. Administration of Hazardous Substance Spill Response and Cleanup - Sec. 40.005. ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL RESPONSE AND CLEANUP....

Section 40.007. General Powers and Duties - Sec. 40.007. GENERAL POWERS AND DUTIES. (a) The commissioner may...

Section 40.008. Railroad Commission Authority - Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad Commission of Texas...

Subchapter B. Discharge Response

Section 40.051. Notification - Sec. 40.051. NOTIFICATION. On notification of an actual or threatened...

Section 40.052. Hazardous Substances Discharges - Sec. 40.052. HAZARDOUS SUBSTANCES DISCHARGES. If the unauthorized discharge involves...

Subchapter C. Oil Spill Prevention and Response

Section 40.101. Notification and Response - Sec. 40.101. NOTIFICATION AND RESPONSE. (a) Any person responsible for...

Section 40.102. Response Coordination - Sec. 40.102. RESPONSE COORDINATION. (a) In responding to actual or...

Section 40.103. Assistance and Compensation - Sec. 40.103. ASSISTANCE AND COMPENSATION. (a) Subject to the commissioner's...

Section 40.104. Qualified Immunity for Response Actions - Sec. 40.104. QUALIFIED IMMUNITY FOR RESPONSE ACTIONS. (a) No action...

Section 40.105. Equipment and Personnel - Sec. 40.105. EQUIPMENT AND PERSONNEL. The commissioner may establish and...

Section 40.106. Refusal to Cooperate - Sec. 40.106. REFUSAL TO COOPERATE. (a) If a responsible person,...

Section 40.107. Natural Resources Damages - Sec. 40.107. NATURAL RESOURCES DAMAGES. (a) (1) In any action...

Section 40.108. Derelict Vessels and Structures - Sec. 40.108. DERELICT VESSELS AND STRUCTURES. (a) A person may...

Section 40.109. Registration of Terminal Facilities - Sec. 40.109. REGISTRATION OF TERMINAL FACILITIES. (a) A person may...

Section 40.110. General Terms - Sec. 40.110. GENERAL TERMS. (a) Discharge prevention and response certificates...

Section 40.111. Information - Sec. 40.111. INFORMATION. Each applicant for a discharge prevention and...

Section 40.112. Issuance - Sec. 40.112. ISSUANCE. On compliance with Sections 40.109 through 40.111,...

Section 40.113. Suspension - Sec. 40.113. SUSPENSION. If the commissioner determines that a registrant...

Section 40.114. Contingency Plans for Vessels - Sec. 40.114. CONTINGENCY PLANS FOR VESSELS. (a) Any vessel with...

Section 40.116. Audits, Inspections, and Drills - Sec. 40.116. AUDITS, INSPECTIONS, AND DRILLS. The commissioner may subject...

Section 40.117. Regulations - Sec. 40.117. REGULATIONS. (a) The commissioner shall from time to...

Subchapter D. Payment of Costs and Damages

Section 40.151. Coastal Protection Fund - Sec. 40.151. COASTAL PROTECTION FUND. (a) The purpose of this...

Section 40.152. Use of Fund - Sec. 40.152. USE OF FUND. (a) Money in the fund...

Section 40.153. Reimbursement of Fund - Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall recover to...

Section 40.154. Coastal Protection Fee; Administrative Costs - Sec. 40.154. COASTAL PROTECTION FEE; ADMINISTRATIVE COSTS. (a) There is...

Section 40.155. Determination of Fee - Sec. 40.155. DETERMINATION OF FEE. (a) Except as otherwise provided...

Section 40.156. Administration of Fee - Sec. 40.156. ADMINISTRATION OF FEE. (a) The comptroller shall administer...

Section 40.157. Liability of the Fund - Sec. 40.157. LIABILITY OF THE FUND. (a) Persons who incur...

Section 40.158. Exceptions to Liability - Sec. 40.158. EXCEPTIONS TO LIABILITY. (a) Except as provided by...

Section 40.159. Claims From Discharges of Oil - Sec. 40.159. CLAIMS FROM DISCHARGES OF OIL. (a) (1) On...

Section 40.160. Payment of Awards - Sec. 40.160. PAYMENT OF AWARDS. (a) The commissioner shall establish...

Section 40.161. Reimbursement of Fund - Sec. 40.161. REIMBURSEMENT OF FUND. (a) The commissioner shall diligently...

Section 40.162. Awards Exceeding Fund - Sec. 40.162. AWARDS EXCEEDING FUND. (a) If the total awards...

Subchapter E. Liability of Persons Responsible

Section 40.201. Financial Responsibility - Sec. 40.201. FINANCIAL RESPONSIBILITY. (a) Each owner or operator of...

Section 40.202. Response Costs and Damages Liability - Sec. 40.202. RESPONSE COSTS AND DAMAGES LIABILITY. (a) Subject to...

Section 40.203. Liability for Natural Resources Damages - Sec. 40.203. LIABILITY FOR NATURAL RESOURCES DAMAGES. (a) The commissioner,...

Section 40.204. Defenses - Sec. 40.204. DEFENSES. The only defense of a person responsible...

Section 40.205. Third Parties - Sec. 40.205. THIRD PARTIES. If a responsible person alleges a...

Subchapter F. Enforcement

Section 40.251. Penalties - Sec. 40.251. PENALTIES. (a) A person who intentionally commits any...

Section 40.252. Administrative Penalties - Sec. 40.252. ADMINISTRATIVE PENALTIES. The commissioner may assess administrative penalties...

Section 40.253. Cumulative Enforcement - Sec. 40.253. CUMULATIVE ENFORCEMENT. This subchapter is cumulative of all...

Section 40.254. Orders and Hearings - Sec. 40.254. ORDERS AND HEARINGS. (a) The commissioner shall assess...

Section 40.255. Actions - Sec. 40.255. ACTIONS. (a) The commissioner may seek injunctive relief...

Section 40.256. Individual Cause of Action - Sec. 40.256. INDIVIDUAL CAUSE OF ACTION. The remedies in this...

Section 40.257. Venue - Sec. 40.257. VENUE. (a) Venue for all actions and prosecution...

Section 40.258. Federal Law - Sec. 40.258. FEDERAL LAW. (a) (1) The commissioner shall promulgate...

Subchapter G. Miscellaneous Provisions

Section 40.301. Interstate Compacts - Sec. 40.301. INTERSTATE COMPACTS. The commissioner may enter into compacts...

Section 40.302. Institutions of Higher Education - Sec. 40.302. INSTITUTIONS OF HIGHER EDUCATION. The commissioner by interagency...

Section 40.304. Small Spill Education Program - Sec. 40.304. SMALL SPILL EDUCATION PROGRAM. The commissioner shall develop...

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Texas Statutes Subtitle C - Administration Chapter 40 - Oil Spill Prevention and Response Act of 1991

Texas Statutes
Subtitle C - Administration
Chapter 40 - Oil Spill Prevention and Response Act of 1991