Sec. 40.158.  EXCEPTIONS TO LIABILITY.  (a)  Except as provided by Subsection (b) of this section, the fund is absolutely liable for:
(1)  all proven, reasonable response costs approved by the commissioner under Section 40.103 of this code from an unauthorized discharge of oil;
(2)  all natural resources damages from an unauthorized discharge of oil;  and
(3)  with the exception of those damages proportionately attributable to the negligence or wilful misconduct of the claimant, all other proven damages from the fund from an unauthorized discharge of oil.
(b)  A person liable for an unauthorized discharge of a hazardous substance may not file a claim or be reimbursed from the fund for the unauthorized discharge of a hazardous substance.  A person responsible for an unauthorized discharge of oil may not file a claim or be reimbursed from the fund except:
(1)  if the person responsible is entitled to a defense to liability under Section 40.204 of this code, a claim for response costs and damages may be filed;  or
(2)  if the person responsible is entitled to a limitation of liability under Section 40.202 of this code, a claim for response costs and damages to the extent that they exceed the applicable limitation may be filed.
(c)  No claim may be approved or certified during the pendency of any action by the claimant in court to recover response costs or damages that are the subject of the claim.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.