By:  Maxey                                             H.B. No. 808
       73R4146 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a cause of action against a polluter of groundwater or
    1-3  soil.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 6,  Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 136 to read as follows:
    1-7            CHAPTER 136.  POLLUTION OF GROUNDWATER AND SOIL
    1-8        Sec. 136.001.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Claimant" means a party, including plaintiff,
   1-10  counterclaimant, cross-claimant, or third-party claimant, who is
   1-11  seeking recovery of damages under this chapter.
   1-12              (2)  "Gross negligence" has the meaning assigned by
   1-13  Section 41.001.
   1-14        Sec. 136.002.  SUIT FOR DAMAGES FOR POLLUTION OF GROUNDWATER.
   1-15  A person who, acting with gross negligence, pollutes groundwater or
   1-16  soil is liable to a person whose property is harmed as a result of
   1-17  the pollution for damages in an amount sufficient to remediate the
   1-18  pollution of the groundwater or soil.
   1-19        Sec. 136.003.  AWARD OF ATTORNEY'S FEES AND COURT COSTS.  In
   1-20  addition to an amount awarded under Section 136.002, a court may
   1-21  award to a claimant under this chapter:
   1-22              (1)  reasonable attorney's fees incurred in bringing a
   1-23  claim under this chapter; and
   1-24              (2)  court costs and fees incurred in bringing a claim
    2-1  under this chapter.
    2-2        Sec. 136.004.  REMEDIATION TRUST FUND.  (a)  A court may
    2-3  order a person who is liable under this chapter to establish a
    2-4  trust fund for remediation of the pollution in an amount sufficient
    2-5  to pay for the remediation.
    2-6        (b)  The court shall appoint a trustee for a trust fund
    2-7  established under this chapter.  A trustee must have appropriate
    2-8  experience in remediation of groundwater or soil pollution.
    2-9        Sec. 136.005.  REMEDY CUMULATIVE.  The remedy provided by
   2-10  this chapter is cumulative of any other remedy provided by law.
   2-11        SECTION 2.  This Act applies only to a cause of action that
   2-12  accrues because of an act or omission that occurs on or after the
   2-13  effective date of this Act that causes or contributes to pollution
   2-14  of groundwater or soil regardless of whether the act or omission is
   2-15  a continuous act or omission that began before the effective date
   2-16  of this Act.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.