Tex. Nat. Resources Code Section 40.152
Use of Fund


(a)

Money in the fund may be disbursed for the following purposes and no others:

(1)

administrative expenses, personnel and training expenses, and equipment maintenance and operating costs related to implementation and enforcement of this chapter;

(2)

response costs related to abatement and containment of actual or threatened unauthorized discharges of oil incidental to unauthorized discharges of hazardous substances;

(3)

response costs and damages related to actual or threatened unauthorized discharges of oil;

(4)

assessment, restoration, rehabilitation, or replacement of or mitigation of damage to natural resources damaged by an unauthorized discharge of oil;

(5)

in an amount not to exceed $50,000 annually, the small spill education program;

(6)

in an amount not to exceed $1,250,000 annually, interagency contracts under Section 40.302 (Institutions of Higher Education);

(7)

the purchase of response equipment under Section 40.105 (Equipment and Personnel) within two years of the effective date of this chapter, in an amount not to exceed $4 million; thereafter, for the purchase of equipment to replace equipment that is worn or obsolete;

(8)

other costs and damages authorized by this chapter;

(9)

in an amount not to exceed the interest accruing to the fund annually, erosion response projects under Subchapter H (Definitions), Chapter 33 (Management of Coastal Public Land); and

(10)

in conjunction with the Railroad Commission of Texas, costs related to the plugging of abandoned or orphaned oil wells located on state-owned submerged lands.

(b)

There is hereby appropriated from the fund to the General Land Office, subject to this section, the amounts specified for the purposes of Subdivisions (5) and (6) of Subsection (a) of this section, $2.5 million for administrative costs under this chapter for the two-year period beginning with the effective date of this chapter, and the actual amounts necessary to pay response costs and damages as provided in this chapter.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 7, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 508, Sec. 7, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 146, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 15.01, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1268 (H.B. 3385), Sec. 1, eff. June 15, 2007.

Source: Section 40.152 — Use of Fund, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­152 (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

Accessed:
Apr. 29, 2024

§ 40.152’s source at texas​.gov