Tex. Nat. Resources Code Section 40.104
Qualified Immunity for Response Actions

(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 action is taken voluntarily, or pursuant to the national contingency plan, or pursuant to a discharge response plan required under this chapter, or pursuant to the request of an authorized federal or state official, or pursuant to the request of the responsible person, shall be construed as an admission of responsibility or liability for the discharge.

(b)

No person or discharge cleanup organization that voluntarily, or pursuant to the national contingency plan, or pursuant to any discharge response plan required under this chapter, or pursuant to the request of an authorized federal or state official, or pursuant to the request of the responsible person, renders assistance or advice in abating, containing, or removing pollution from an unauthorized discharge of oil is liable for response costs, damages, or civil penalties resulting from acts or omissions committed in rendering such assistance or advice, except for acts or omissions of gross negligence or wilful misconduct.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 2003, 78th Leg., ch. 146, Sec. 7, eff. Sept. 1, 2003.

Source: Section 40.104 — Qualified Immunity for Response Actions, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­104 (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

§ 40.104’s source at texas​.gov