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Texas Natural Resources Code - Chapter 40 Oil Spill Prevention And Response Act Of 1991Legal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 40 Oil Spill Prevention And Response Act Of 1991 This chapter may be cited as the Oil Spill Prevention and Response Act of 1991. Added by Acts 1991, 72nd Leg., ch. 10, § 1, ... (a) The legislature finds and declares that the preservation of the Texas coast is a matter of the highest urgency and priority. It is the ... In this chapter: (1) "Barrel" means 42 United States gallons at 60 degrees Fahrenheit. (2) "Coastal waters" means the waters and bed of the Gulf ... (a) The General Land Office, under the direction and control of the commissioner, is the state's lead agency for response to actual or threatened unauthorized ... The General Land Office, under the direction and control of the commissioner, is the state's lead agency for initiating response to all actual or threatened ... (a) The commissioner may promulgate rules necessary and convenient to the administration of this chapter. (b) The commissioner shall by rule establish procedures under Chapter ... The Railroad Commission of Texas shall continue to exercise its authority pursuant to Section 91.101 of this code and Section 26.131, Water Code, to issue ... On notification of an actual or threatened unauthorized discharge of oil, the commissioner shall act to assess the discharge and prevent, abate, or contain any ... If the unauthorized discharge involves predominantly a hazardous substance, the Texas Commission on Environmental Quality shall carry out responsibility for abatement, containment, removal, and cleanup ... (a) Any person responsible for an unauthorized discharge of oil or the person in charge of any vessel or a terminal facility from or at ... (a) In responding to actual or threatened unauthorized discharges of oil, the commissioner may appoint a state-designated on-scene coordinator to act in the commissioner's place. ... (a) Subject to the commissioner's authority under this chapter, any person or discharge cleanup organization may assist in abating, containing, or removing pollution from any ... (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 ... The commissioner may establish and maintain equipment and trained personnel at places the commissioner determines may be necessary to facilitate response operations. Added by Acts ... (a) If a responsible person, or a person or discharge cleanup organization under the control of a responsible person, participating in operations to abate, contain, ... (a)(1) In any action to recover natural resources damages, the amount of damages established by the commissioner in conjunction with the trustees shall create a ... (a) A person may not, without the consent of the commissioner, leave, abandon, or maintain any structure or vessel in or on coastal waters, on ... (a) A person may not operate or cause to be operated a terminal facility without a discharge prevention and response certificate issued pursuant to rules ... (a) Discharge prevention and response certificates are valid for a period of five years. The commissioner by rule shall require each registrant to report annually ... Each applicant for a discharge prevention and response certificate shall submit information, in a form satisfactory to the commissioner, describing the following: (1) the barrel ... On compliance with Sections 40.109 through 40.111 of this code and on payment of the certificate application fee, the commissioner shall issue the applicant a ... If the commissioner determines that a registrant does not have a discharge prevention and response plan or that the registrant's preventive measures or containment and ... (a) Any vessel with a capacity to carry 10,000 gallons or more of oil as fuel or cargo that operates in coastal waters or waters ... The commissioner may subject a vessel subject to Section 40.114 of this code or a terminal facility to an announced or unannounced audit, inspection, or ... (a) The commissioner shall from time to time adopt, amend, repeal, and enforce reasonable regulations, including but not limited to those relating to the following ... (a) The purpose of this subchapter is to provide immediately available funds for response to all unauthorized discharges, for cleanup of pollution from unauthorized discharges ... (a) Money in the fund may be disbursed for the following purposes and no others: (1) administrative expenses, personnel and training expenses, and equipment maintenance ... The commissioner shall recover to the use of the fund, either from persons responsible for the unauthorized discharge or otherwise liable or from the federal ... (a) There is hereby imposed a fee on every person owning crude oil in a vessel at the time such crude oil is transferred to ... (a) Except as otherwise provided in this section, the rate of the fee shall be 1-1/3 cents per barrel of crude oil until the commissioner ... (a) The comptroller shall administer the provisions of this section as provided in Chapters 101 through 113 of the Tax Code. (b) In the event ... (a) Persons who incur response costs or who are entitled to damages as a result of an unauthorized discharge of oil may receive compensation from ... (a) Except as provided by Subsection (b) of this section, the fund is absolutely liable for: (1) all proven, reasonable response costs approved by the ... (a)(1) On determining that damage from an unauthorized discharge of oil is likely to occur or has occurred and will result in the filing of ... (a) The commissioner shall establish the amount of the award. If the claimant accepts the award, the commissioner shall certify the amount of the award ... (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 ... (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 ... (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 ... (a) Subject to Subsection (c) of this section, any person responsible for an actual or threatened unauthorized discharge of oil from a vessel is liable ... (a) The commissioner, on behalf of the trustees, shall seek reimbursement from the federal fund for damages to natural resources in excess of the liability ... The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge ... If a responsible person alleges a defense under Section 40.204(4) of this code, the responsible person shall pay all response costs and damages. The responsible ... (a) A person who intentionally commits any of the following acts in violation of Subchapter C, D, or E shall be guilty of a Class ... The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code. In determining the amount of ... This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions. Added by Acts 1991, 72nd Leg., ch. 10, § 1, ... (a) The commissioner shall assess administrative penalties, pursue suspension of terminal facility discharge prevention and response certificates, and pursue the removal or disposal of derelict ... (a) The commissioner may seek injunctive relief to prevent a violation of this chapter from continuing or occurring. (b) All actions on behalf of the ... The remedies in this chapter are cumulative and not exclusive. This chapter does not require pursuit of any claim against the fund as a condition ... (a) Venue for all actions and prosecution of all offenses under this chapter may be brought in Travis County or in any county where the ... (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 enter into compacts or agreements with other states consistent with and to further the purposes of this chapter. The commissioner may also ... The commissioner by interagency contract shall enter into agreements with state institutions of higher education for research, testing, and development of oil discharge prevention and ... The commissioner shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, offshore support vessels, ferries, cruise ... Last modified: August 10, 2007 |