By: Parker S.B. No. 1046
A BILL TO BE ENTITLED
AN ACT
1-1 relating to cost recovery by the state under the Solid Waste
1-2 Disposal Act; providing civil penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 361.197, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (c) The action may also include a plea seeking civil
1-7 penalties for noncompliance with the commission's administrative
1-8 order and a claim for up to triple <double> the state's costs if
1-9 the responsible party's defenses are determined by the court to be
1-10 unreasonable, frivolous, or without foundation.
1-11 SECTION 2. Subsection (d), Section 361.341, Health and
1-12 Safety Code, is amended to read as follows:
1-13 (d) If an appeal or third party claim is found by the court
1-14 to be frivolous, unreasonable, or without foundation, the court may
1-15 assess damages against the party bringing the appeal or third party
1-16 claim in an amount not to exceed triple <twice> the costs incurred
1-17 by the state or the third party defendant, including reasonable
1-18 attorney's fees, reasonable costs of preparing and providing
1-19 witnesses, and reasonable costs of studies, analyses, engineering
1-20 reports, tests, or other projects the court finds were necessary
1-21 for the preparation of the party's case.
1-22 SECTION 3. This Act takes effect September 1, 1993, and
1-23 applies to a defense, appeal, or third party claim found or
2-1 determined by a court to be frivolous, unreasonable, or without
2-2 foundation on or after that date. A defense, appeal, or third
2-3 party claim found or determined to be frivolous, unreasonable, or
2-4 without foundation before September 1, 1993, is covered by the law
2-5 in effect when such finding or determination was made, and the
2-6 former law is continued in effect for this purpose.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.