By: Barrientos S.B. No. 317 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.