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.
Structure Texas Statutes
Chapter 40 - Oil Spill Prevention and Response Act of 1991
Subchapter C. Oil Spill Prevention and Response
Section 40.101. Notification and Response
Section 40.102. Response Coordination
Section 40.103. Assistance and Compensation
Section 40.104. Qualified Immunity for Response Actions
Section 40.105. Equipment and Personnel
Section 40.106. Refusal to Cooperate
Section 40.107. Natural Resources Damages
Section 40.108. Derelict Vessels and Structures
Section 40.109. Registration of Terminal Facilities
Section 40.114. Contingency Plans for Vessels