Texas § NR.40.204 - DEFENSES
Full text of Texas The Texas Constitution § NR.40.204 — DEFENSES, with citation guidance and answers to common questions.
§ NR.40.204. DEFENSES
DEFENSES. The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge resulted solely from any of the following or any combination of the following: (1) an act of war or terrorism; (2) an act of government, either state, federal, or local; (3) an unforeseeable occurrence exclusively occasioned by the violence of nature without the interference of any human act or omission; or (4) the wilful misconduct or a negligent act or omission of a third party, other than an employee or agent of the person responsible or a third party whose conduct occurs in connection with a contractual relationship with the responsible person, unless the responsible person failed to exercise due care and take precautions against foreseeable conduct of the third party. Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
Frequently Asked Questions About Texas § NR.40.204
What does The Texas Constitution § NR.40.204 cover?
Section NR.40.204 ("DEFENSES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § NR.40.204?
A common citation format is "The Texas Constitution § NR.40.204" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § NR.40.204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.