Tex. Nat. Resources Code Section 40.159
Claims from Discharges of Oil

(a)

(1) On determining that damage from an unauthorized discharge of oil is likely to occur or has occurred and will result in the filing of claims, the commissioner shall immediately designate the person or persons responsible who, if the designation is not challenged within five days of notice thereof, shall immediately and widely advertise the manner in which the person will accept claims.

(2)

If the designation is challenged or the commissioner is otherwise unable to designate a responsible person, the commissioner shall immediately and widely advertise the manner in which the commissioner shall accept claims.

(b)

(1) A claimant shall submit any claim exceeding $50,000 to the designated responsible person. If there is no reasonable response from the designated responsible person within 90 days or in the absence of a designated responsible person as provided under Subsection (a)(2) of this section, the claimant shall submit the claim to the federal fund. If there is no reasonable response from the federal fund within 60 days, the claimant may submit the claim to the fund.

(2)

A claimant shall submit any claim less than or equal to $50,000 to the designated responsible person. If there is no reasonable response from the designated responsible person within 30 days or in the absence of a designated responsible person as provided under Subsection (a)(2) of this section, the claimant may submit the claim to the fund.

(c)

Claims must be submitted to the fund by filing with the commissioner not later than 180 days after the periods prescribed in Subsection (b) of this section. Claims not filed within the time allowed are barred as against the fund.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.

Source: Section 40.159 — Claims from Discharges of Oil, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­40.­htm#40.­159 (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

§ 40.159’s source at texas​.gov