Texas Natural Resources Code - Section 40.201. Financial Responsibility
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§ 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, § 1, eff. March 28, 1991.
Amended by Acts 1993, 73rd Leg., ch. 776, § 8, eff. Sept. 1,
1993.
Section: 40.156 40.157 40.158 40.159 40.160 40.161 40.162 40.201 40.202 40.203 40.204 40.205 40.251 40.252 40.253
Last modified: August 10, 2007
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