Texas Water Code
§ 26.264 — ADMINISTRATIVE PROVISIONS
WA § 26.264Title 2. WATER ADMINISTRATION · Part D. WATER QUALITY CONTROL · Ch. 26. WATER QUALITY CONTROL · Art. G. OIL AND HAZARDOUS SUBSTANCE SPILL PREVENTION AND CONTROL
Statute text
View on source(a)Except as provided in Chapter 40, Natural Resources Code, the commission shall be the state's lead agency in spill response, shall conduct spill response for the state, and shall otherwise administer this subchapter. The commission shall conduct spill response and cleanup for spills and discharges of hazardous substances other than oil in or threatening coastal waters. The commission shall cooperate with other agencies, departments, and subdivisions of this state and of the United States in implementing this subchapter. In the event of a discharge or spill and after reasonable effort to obtain entry rights from each property owner involved, if any, the executive director may enter affected property to carry out necessary spill response actions.
(b)The commission may issue rules necessary and convenient to carry out the purposes of this subchapter.
(c)The executive director shall enforce the provisions of this subchapter and any rules given effect pursuant to Subsection (b) of this section.
(d)The executive director with the approval of the commission may contract with any public agency or private persons or other entity for the purpose of implementing this subchapter.
(e)The executive director shall solicit the assistance of and cooperate with local governments, the federal government, other agencies and departments of this state, and private persons and other entities to develop regional contingency plans for prevention and control of hazardous substance spills and discharges. The executive director may solicit the assistance of spill cleanup experts in determining appropriate measures to be taken in cleaning up a spill or discharge. The executive director shall develop a list of spill cleanup experts to be consulted, but shall not be limited to that list in seeking assistance. No person providing such assistance shall be held liable for any acts or omissions of the executive director which may result from soliciting such assistance.
(f)The commission and the Texas Department of Transportation, in cooperation with the governor, the United States Coast Guard, and the Environmental Protection Agency, shall develop a contractual agreement whereby personnel, equipment, and materials in possession or under control of the Texas Department of Transportation may be diverted and utilized for spill and discharge cleanup as provided for in this subchapter. Under the agreement, the following conditions shall be met:
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.004, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.005, eff. September 1, 2011.