Texas Natural Resources Code - Section 40.258. Federal Law
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§ 40.258. FEDERAL LAW. (a)(1) The commissioner shall
promulgate rules that, to the greatest extent practicable, conform
to the national contingency plan and rules promulgated under
federal law.
(2) The commissioner may impose requirements under
such rules that are in addition to or vary materially from federal
requirements if the state interests served by the requirements
substantially outweigh the burdens imposed on those subject to the
requirements.
(3) Any request for judicial review of any rule must be
filed in a district court in Travis County within 90 days of the
effective date of the rule or plan challenged.
(4) Any matter subject to judicial review under
Subdivisions (1) through (3) of this subsection shall not be
subject to judicial review in any civil or criminal proceeding for
enforcement or for recovery of response costs or damages.
(b) In implementing this chapter, the commissioner to the
greatest extent practicable shall employ federal funds unless
federal funds will not be available in an adequate period of time.
(c) All federal funds received by the state relating to
response to unauthorized discharges of oil under this chapter shall
be deposited in the fund.
Added by Acts 1991, 72nd Leg., ch. 10, § 1, eff. March 28, 1991.
Amended by Acts 2003, 78th Leg., ch. 146, § 15, eff. Sept. 1,
2003.
Section: 40.251 40.252 40.253 40.254 40.255 40.256 40.257 40.258 40.301 40.302 40.304 51.001 51.011 51.012 51.0125
Last modified: August 10, 2007
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