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.
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