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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