Tex. Nat. Resources Code Section 40.102
Response Coordination

(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.

(b)

If the unauthorized discharge of oil is subject to the national contingency plan, in responding to the discharge the commissioner or the state-designated on-scene coordinator shall to the greatest extent practicable act in accordance with the national contingency plan and cooperate with the federal on-scene coordinator or other federal agency or official exercising authority under the national contingency plan.

(c)

The commissioner or the state-designated on-scene coordinator may act independently to the extent no federal on-scene coordinator or authorized agency or official of the federal government has assumed federal authority to oversee, coordinate, and direct response operations.

(d)

The state or federal on-scene coordinator may authorize the decanting of recovered water during containment, cleanup, and response activities resulting from an unauthorized discharge of oil.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 4, eff. Sept. 1, 1993.

Source: Section 40.102 — Response Coordination, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­102 (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

§ 40.102’s source at texas​.gov