Tex. Nat. Res. Code § 40.204 · Subchapter E. LIABILITY OF PERSONS RESPONSIBLE
DEFENSES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge resulted solely from any of the following or any combination of the following:
(1) an act of war or terrorism;
(2) an act of government, either state, federal, or local;
(3) an unforeseeable occurrence exclusively occasioned by the violence of nature without the interference of any human act or omission; or
(4) the wilful misconduct or a negligent act or omission of a third party, other than an employee or agent of the person responsible or a third party whose conduct occurs in connection with a contractual relationship with the responsible person, unless the responsible person failed to exercise due care and take precautions against foreseeable conduct of the third party.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.40.htm
- Text hash
- sha256 9af0e9f300d2a01d2939657697dc671e762a59422a1d418f4c3e7e1c613db526
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Nat. Res. Code § 40.204. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.