Tex. Nat. Resources Code Section 40.007
General Powers and Duties

(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 2001 (Administrative Procedure), Government Code for all hearings required by this chapter. The commissioner may administer oaths, receive evidence, issue subpoenas to compel attendance of witnesses and production of evidence related to hearings, and make findings of fact and decisions with respect to administering this chapter.

(c)

The commissioner may contract with any public agency or private person or other entity, including entering into cooperative agreements with the federal government, acquire and dispose of real or personal property, delegate responsibility for implementing the requirements of this chapter, and perform any other act within or without the boundaries of this state necessary to administer this chapter.

(d)

If the commissioner finds it necessary to enter property to conduct a vessel or terminal facility audit, inspection, or drill authorized under this chapter or to respond to an actual or threatened unauthorized discharge of oil, the commissioner may enter the property after making a reasonable effort to obtain consent to enter the property.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.

Source: Section 40.007 — General Powers and Duties, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­007 (accessed Jun. 5, 2024).

40.001
Short Title 40.002
Policy 40.003
Definitions 40.004
Administration of Oil Spill Response and Cleanup 40.005
Administration of Hazardous Substance Spill Response and Cleanup 40.007
General Powers and Duties 40.008
Railroad Commission Authority 40.051
Notification 40.052
Hazardous Substances Discharges 40.101
Notification and Response 40.102
Response Coordination 40.103
Assistance and Compensation 40.104
Qualified Immunity for Response Actions 40.105
Equipment and Personnel 40.106
Refusal to Cooperate 40.107
Natural Resources Damages 40.108
Derelict Vessels and Structures 40.109
Registration of Terminal Facilities 40.110
General Terms 40.111
Information 40.112
Issuance 40.113
Suspension 40.114
Contingency Plans for Vessels 40.116
Audits, Inspections, and Drills 40.117
Regulations 40.151
Coastal Protection Fund 40.152
Use of Fund 40.153
Reimbursement of Fund 40.154
Coastal Protection Fee 40.155
Determination of Fee 40.156
Administration of Fee 40.157
Liability of the Fund 40.158
Exceptions to Liability 40.159
Claims from Discharges of Oil 40.160
Payment of Awards 40.161
Reimbursement of Fund 40.162
Awards Exceeding Fund 40.201
Financial Responsibility 40.202
Response Costs and Damages Liability 40.203
Liability for Natural Resources Damages 40.204
Defenses 40.205
Third Parties 40.251
Penalties 40.252
Administrative Penalties 40.253
Cumulative Enforcement 40.254
Orders and Hearings 40.255
Actions 40.256
Individual Cause of Action 40.257
Venue 40.258
Federal Law 40.301
Interstate Compacts 40.302
Institutions of Higher Education 40.304
Small Spill Education Program
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Accessed:
Jun. 5, 2024

§ 40.007’s source at texas​.gov