Texas Water Code

§ 26.355 — RECOVERY OF COSTS

WA § 26.355Title 2. WATER ADMINISTRATION · Part D. WATER QUALITY CONTROL · Ch. 26. WATER QUALITY CONTROL · Art. I. UNDERGROUND AND ABOVEGROUND STORAGE

Statute text

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(a)If the commission has incurred any costs in undertaking corrective action or enforcement action with respect to the release of regulated substances from an underground or aboveground storage tank, the owner or the operator of the tank is liable to the state for all reasonable costs of those corrective and enforcement actions and for court costs and reasonable attorney's fees.

(b)An owner or operator of an underground or aboveground storage tank from which a regulated substance is released is liable to the state unless:

(1)the release was caused by:

(A)an act of God;

(B)an act of war;

(C)the negligence of the State of Texas or the United States; or

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Legislative history

Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 5, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 5.02, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 5, eff. September 1, 2005.