§ 79.001.Definitions

Two definitions, and the first offers two routes.

"Hazardous material" means a substance classified as a hazardous material under state or federal law or a rule adopted under it — or a chemical, petroleum product, gas, or other substance that, if discharged or released, is likely to create an imminent danger to individuals, property, or the environment.

The second route is a functional test, and it matters because the regulatory lists are not exhaustive. A substance dangerous in the circumstances qualifies whether or not anyone has classified it.

That suits the situation. Someone giving advice at a chemical spill has to act on what the substance is doing, not on whether it appears on a schedule.

"Person" means an individual, association, corporation, or other private legal entity.

"Private" excludes governmental entities, which is deliberate. Public agencies responding to a hazardous material incident are covered by the Tort Claims Act — including its exclusion for emergency response actions — and do not need this chapter.

The chapter is for the industry expert, the manufacturer's technical adviser, the contractor with the right equipment: private parties with knowledge the responding agencies lack, who have no obligation to help and every reason not to.