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.
Structure Texas Statutes
Chapter 40 - Oil Spill Prevention and Response Act of 1991
Subchapter D. Payment of Costs and Damages
Section 40.151. Coastal Protection Fund
Section 40.153. Reimbursement of Fund
Section 40.154. Coastal Protection Fee; Administrative Costs
Section 40.155. Determination of Fee
Section 40.156. Administration of Fee
Section 40.157. Liability of the Fund
Section 40.158. Exceptions to Liability
Section 40.159. Claims From Discharges of Oil
Section 40.160. Payment of Awards