H.B. No. 2432
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.