Tex. Nat. Resources Code Section 40.114
Contingency Plans for Vessels

(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 adjoining and accessible from coastal waters shall maintain a written vessel-specific discharge prevention and response plan that satisfies the requirements of rules promulgated under this chapter. This section shall not apply to any dedicated response vessel or to any other vessel for activities within state waters related solely to the containment and cleanup of oil, including response-related training or drills.

(b)

The plan must:

(1)

provide for response actions including notification to the commissioner, verification of the unauthorized discharge, identification of the pollutant, assessment of the discharge, vessel stabilization, and discharge abatement and mitigation;

(2)

designate an on-board spill officer who satisfies the definition of trained personnel as provided by Section 40.003 (Definitions) of this code and who shall train the vessel’s crew to conduct unauthorized discharge response operations according to the plan and shall coordinate on-board response operations in the event of an unauthorized discharge; and

(3)

contain any other provision the commissioner reasonably requires by rule.

(c)

A discharge prevention and response plan that complies with requirements under federal laws and regulations for a vessel-specific plan satisfies the requirements of Subsections (a) and (b) of this section.

(d)

The owner or operator of a vessel subject to this section must be able to provide, directly or through membership or contract with a discharge cleanup organization, all required equipment and trained personnel to prevent, abate, contain, and remove pollution from an unauthorized discharge of oil as provided in the plan.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 6, eff. Sept. 1, 1993.

Source: Section 40.114 — Contingency Plans for Vessels, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­114 (accessed Apr. 29, 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:
Apr. 29, 2024

§ 40.114’s source at texas​.gov