73R7486 MI-F
          By Saunders                                           H.B. No. 2432
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to cost recovery by the state under the Solid Waste
    1-3  Disposal Act; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 361.197(c), Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        (c)  The action may also include a plea seeking civil
    1-8  penalties for noncompliance with the commission's administrative
    1-9  order and a claim for up to triple <double> the state's costs if
   1-10  the responsible party's defenses are determined by the court to be
   1-11  unreasonable, frivolous, or without foundation.
   1-12        SECTION 2.  Section 361.341(d), Health and Safety Code, is
   1-13  amended to read as follows:
   1-14        (d)  If an appeal or third party claim is found by the court
   1-15  to be frivolous, unreasonable, or without foundation, the court may
   1-16  assess damages against the party bringing the appeal or third party
   1-17  claim in an amount not to exceed triple <twice> the costs incurred
   1-18  by the state or the third party defendant, including reasonable
   1-19  attorney's fees, reasonable costs of preparing and providing
   1-20  witnesses, and reasonable costs of studies, analyses, engineering
   1-21  reports, tests, or other projects the court finds were necessary
   1-22  for the preparation of the party's case.
   1-23        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.