Texas Natural Resources Code

§ 40.158 — EXCEPTIONS TO LIABILITY

NR § 40.158Title 2. PUBLIC DOMAIN · Part C. ADMINISTRATION · Ch. 40. OIL SPILL PREVENTION AND RESPONSE ACT OF 1991 · Art. D. PAYMENT OF COSTS AND DAMAGES

Statute text

View on source

(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 commissioner under Section 40.103 of this code from an unauthorized discharge of oil;

(2)all natural resources damages from an unauthorized discharge of oil; and

(3)with the exception of those damages proportionately attributable to the negligence or wilful misconduct of the claimant, all other proven damages from the fund from an unauthorized discharge of oil.

(b)A person liable for an unauthorized discharge of a hazardous substance may not file a claim or be reimbursed from the fund for the unauthorized discharge of a hazardous substance. A person responsible for an unauthorized discharge of oil may not file a claim or be reimbursed from the fund except:

(1)if the person responsible is entitled to a defense to liability under Section 40.204 of this code, a claim for response costs and damages may be filed; or

…

Legislative history

Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.