1-1 By: Saunders (Senate Sponsor - Parker) H.B. No. 2432
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 14, 1993, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to cost recovery by the state under the Solid Waste
1-22 Disposal Act; providing penalties.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 361.197(c), Health and Safety Code, is
1-25 amended to read as follows:
1-26 (c) The action may also include a plea seeking civil
1-27 penalties for noncompliance with the commission's administrative
1-28 order and a claim for up to triple <double> the state's costs if
1-29 the responsible party's defenses are determined by the court to be
1-30 unreasonable, frivolous, or without foundation.
1-31 SECTION 2. Section 361.341(d), Health and Safety Code, is
1-32 amended to read as follows:
1-33 (d) If an appeal or third party claim is found by the court
1-34 to be frivolous, unreasonable, or without foundation, the court may
1-35 assess damages against the party bringing the appeal or third party
1-36 claim in an amount not to exceed triple <twice> the costs incurred
1-37 by the state or the third party defendant, including reasonable
1-38 attorney's fees, reasonable costs of preparing and providing
1-39 witnesses, and reasonable costs of studies, analyses, engineering
1-40 reports, tests, or other projects the court finds were necessary
1-41 for the preparation of the party's case.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended,
1-47 and that this Act take effect and be in force from and after its
1-48 passage, and it is so enacted.
1-49 * * * * *
1-50 Austin,
1-51 Texas
1-52 May 14, 1993
1-53 Hon. Bob Bullock
1-54 President of the Senate
1-55 Sir:
1-56 We, your Committee on Natural Resources to which was referred H.B.
1-57 No. 2432, have had the same under consideration, and I am
1-58 instructed to report it back to the Senate with the recommendation
1-59 that it do pass and be printed.
1-60 Sims,
1-61 Chairman
1-62 * * * * *
1-63 WITNESSES
1-64 No witnesses appeared on H.B. No. 2432.