SRC-SLL S.B. 1821 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1821
By: Shapleigh
Jurisprudence
4-25-97
As Filed


DIGEST 

Currently, the law allows only the state and the alleged violator to
participate in environmental enforcement proceedings.  Under federal laws,
citizens and local governments can bring environmental enforcement actions
in federal courts, independent of other government action.   This bill
will provide for the recovery of attorney's fees in certain nuisance
actions and for intervention by certain persons in the enforcement of
environmental laws. 

PURPOSE

As proposed, S.B. 1821 provides regulations regarding nuisance actions
under the Civil Practice and Remedies Code, and for intervention by
certain persons in the enforcement of environmental laws. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.001, Civil Practice and Remedies Code, to
authorize a person to recover reasonable attorney's fees from an
individual or corporation, in addition to the amount of a valid claim and
costs, if the claim is for a nuisance resulting from a condition of air
pollution, water pollution, or a public health nuisance.   

SECTION 2. Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 144, as follows: 

CHAPTER 144.  PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL LAWS

Sec.  144.001.  DEFINITION.  Defines "commission."

Sec.  144.002.  RIGHT OF INTERVENTIONS BY AFFECTED PERSONS IN ACTIONS BY
THE ATTORNEY GENERAL.  Provides that, in a civil enforcement action
brought by the attorney general at the request of the Texas Natural
Resource Conservation Commission (TNRCC) under Chapter 26 or 27, Water
Code, or Chapter 361, 382, or 401, Health and Safety Code, a person who
may be affected by acts that are the subject matter of the enforcement
action has a right to intervene in the enforcement action.  Authorizes the
court to align the parties or otherwise provide for the efficient use of
the resources of the court and the parties.  Provides that this section
does not apply to enforcement actions brought against an agency of the
state. 

Sec.  144.003.  INVESTIGATION AND PROSECUTION OF CERTAIN VIOLATIONS. Sets
forth regulations regarding the investigation and prosecution of certain
violations. 

Sec.  144.004.  ASSISTANCE TO LOCAL GOVERNMENTS BY THE ATTORNEY GENERAL.
Requires the attorney general, when requested to assist local governments
in bringing enforcement actions under Section 144.003 of this chapter and
under the provisions for local government enforcement in Chapter 26 or 27,
Water Code, and Chapter 361, 382, or 401, Health and Safety Code. 
 
SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.
  Effective date: upon passage.