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.