Sec. 40.203.  LIABILITY FOR NATURAL RESOURCES DAMAGES.  (a)  The commissioner, on behalf of the trustees, shall seek reimbursement from the federal fund for damages to natural resources in excess of the liability limits prescribed in Section 40.202 of this code.  If that request is denied or additional money is required following receipt of the federal money, the commissioner has the authority to pay the requested reimbursement from the fund for a period of two years from the date the federal fund grants or denies the request for reimbursement.
(b)  In addition to liability under Section 40.202 of this code, persons responsible for actual or threatened unauthorized discharges of oil are liable for natural resources damages attributable to the discharge.
(c)  The total liability for all natural resource damages of any person responsible for an actual or threatened unauthorized discharge of oil from a vessel shall not exceed the following:
(1)  for a vessel that carries oil in bulk, as cargo, the greater of:
(A)  $1,200 per gross ton;  or
(B)(i) in the case of a vessel greater than 3,000 gross tons, $10 million;  or
(ii)  in the case of a vessel of 3,000 gross tons or less, $2 million;  or
(2)  for any other vessel, $600 per gross ton or $500,000, whichever is greater.
(d)  The total liability for all natural resource damages of any person responsible for an actual or threatened unauthorized discharge of oil from a terminal facility shall not exceed the following:
(1)  for each terminal facility with a capacity:
(A)  above 150,000 barrels, $70 per barrel not to exceed $350,000,000;
(B)  from 70,001 to 150,000 barrels, $10,000,000;
(C)  from 30,001 to 70,000 barrels, $5,000,000;
(D)  from 10,000 to 30,000 barrels, $2,000,000;
(2)  for any other terminal, $500,000.
(e)  The commissioner shall ensure that there will be no double recovery of damages or response costs.
(f)  If any actual or threatened unauthorized discharge of oil was the result of gross negligence or wilful misconduct or a violation of any applicable federal or state safety, construction, or operating regulation, the person responsible for such gross negligence or wilful misconduct or a violation of any applicable federal or state safety, construction, or operating regulation is liable for the full amount of all damages to natural resources.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 9, eff. Sept. 1, 1993.