Texas Natural Resources Code
§ 40.107 — NATURAL RESOURCES DAMAGES
NR § 40.107Title 2. PUBLIC DOMAIN · Part C. ADMINISTRATION · Ch. 40. OIL SPILL PREVENTION AND RESPONSE ACT OF 1991 · Art. C. OIL SPILL PREVENTION AND RESPONSE
Statute text
View on source(a)(1) In any action to recover natural resources damages, the amount of damages established by the commissioner in conjunction with the trustees shall create a rebuttable presumption of the amount of such damages.
(2)The commissioner shall represent the consensus position of the trustees whenever a collective decision or agreement is required by this section.
(3)Whenever trustees cannot achieve a consensus, the commissioner may invoke mediation to settle any disputed matter related to this section. The mediation shall be immediately commenced and shall be concluded within 10 days of its commencement. The trustees shall abide by the consensus achieved through mediation.
(4)The trustees shall enter into a memorandum of agreement which describes the mediation process of Subdivision (3) of this subsection.
(b)The commissioner may establish the rebuttable presumption by submitting to the court a written report of the amounts computed or expended according to the state plan. The written report shall be admissible in evidence. (c)(1) The commissioner, in conjunction with the trustees, shall develop an inventory that identifies and catalogs the physical locations, the seasonal variations in location, and the current condition of natural resources; provides for data collection related to coastal processes; and identifies the recreational and commercial use areas that are most likely to suffer injury from an unauthorized discharge of oil. The inventory shall be completed by September 1, 1995.
(2)The physical locations surveyed for the inventory of natural resources shall include, at a minimum, the following priority areas:
…
Legislative history
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 5, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 146, Secs. 8, 9, eff. Sept. 1, 2003.