1-1  By:  Parker                                           S.B. No. 1046
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 1, 1993, reported favorably by the following vote:  Yeas 8,
    1-5  Nays 0; April 1, 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 civil penalties.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subsection (c), Section 361.197, Health and
   1-25  Safety Code, is 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.  Subsection (d), Section 361.341, Health and
   1-32  Safety Code, is 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.  This Act takes effect September 1, 1993, and
   1-43  applies to a defense, appeal, or third party claim found or
   1-44  determined by a court to be frivolous, unreasonable, or without
   1-45  foundation on or after that date.  A defense, appeal, or third
   1-46  party claim found or determined to be frivolous, unreasonable, or
   1-47  without foundation before September 1, 1993, is covered by the law
   1-48  in effect when such finding or determination was made, and the
   1-49  former law is continued in effect for this purpose.
   1-50        SECTION 4.  The importance of this legislation and the
   1-51  crowded condition of the calendars in both houses create an
   1-52  emergency and an imperative public necessity that the
   1-53  constitutional rule requiring bills to be read on three several
   1-54  days in each house be suspended, and this rule is hereby suspended.
   1-55                               * * * * *
   1-56                                                         Austin,
   1-57  Texas
   1-58                                                         April 1, 1993
   1-59  Hon. Bob Bullock
   1-60  President of the Senate
   1-61  Sir:
   1-62  We, your Committee on Natural Resources to which was referred S.B.
   1-63  No. 1046, have had the same under consideration, and I am
   1-64  instructed to report it back to the Senate with the recommendation
   1-65  that it do pass and be printed.
   1-66                                                         Sims,
   1-67  Chairman
   1-68                               * * * * *
    2-1                               WITNESSES
    2-2                                                  FOR   AGAINST  ON
    2-3  ___________________________________________________________________
    2-4  Name:  Jack Harold Kramer                                      x
    2-5  Representing:  Tx Water Commission
    2-6  City:  Austin
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