Sec. 40.152. USE OF FUND    


Latest version.
  • (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;

    (7) the purchase of response equipment under Section 40.105 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, Chapter 33; 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.

    (c) Expired.

    (d) Expired.

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 , Sec. 15.01, eff. August 29, 2005. Acts 2007, 80th Leg., R.S., Ch. 1268 , Sec. 1, eff. June 15, 2007.