75R7910 SMH-F
By Zbranek, et al. H.B. No. 1927
Substitute the following for H.B. No. 1927:
By Goodman C.S.H.B. No. 1927
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recovery of attorney's fees in certain nuisance actions
1-3 and participation in the enforcement of environmental laws.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.001, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 38.001. Recovery of Attorney's Fees. A person may
1-8 recover reasonable attorney's fees from an individual or
1-9 corporation, in addition to the amount of a valid claim and costs,
1-10 if the claim is for:
1-11 (1) rendered services;
1-12 (2) performed labor;
1-13 (3) furnished material;
1-14 (4) freight or express overcharges;
1-15 (5) lost or damaged freight or express;
1-16 (6) killed or injured stock;
1-17 (7) a sworn account; [or]
1-18 (8) an oral or written contract;
1-19 (9) a nuisance caused by air pollution as defined by
1-20 Section 382.003, Health and Safety Code, or pollution as defined by
1-21 Section 26.001, Water Code; or
1-22 (10) a public health nuisance under Section 341.011,
1-23 Health and Safety Code.
1-24 SECTION 2. Title 6, Civil Practice and Remedies Code, is
2-1 amended by adding Chapter 144 to read as follows:
2-2 CHAPTER 144. PARTICIPATION IN ENFORCEMENT
2-3 OF ENVIRONMENTAL LAWS
2-4 Sec. 144.001. DEFINITION. In this chapter, "commission"
2-5 means the Texas Natural Resource Conservation Commission.
2-6 Sec. 144.002. RIGHT OF AFFECTED PERSON TO INTERVENE IN
2-7 ACTION BY ATTORNEY GENERAL. (a) In a civil enforcement action
2-8 brought by the attorney general at the request of the commission
2-9 under Chapter 26 or 27, Water Code, or Chapter 361, 382, or 401,
2-10 Health and Safety Code, a person who may be affected by an act that
2-11 is a subject of the action is entitled to intervene in the action.
2-12 (b) The court may align the parties or otherwise provide for
2-13 the efficient use of the resources of the court and the parties.
2-14 (c) This section does not apply to an enforcement action
2-15 brought against a state agency.
2-16 Sec. 144.003. RIGHT OF AFFECTED PERSON TO BRING ACTION.
2-17 (a) A person who may be affected by an act that may be a violation
2-18 or threatened violation of Chapter 26 or 27, Water Code, or Chapter
2-19 361, 382, or 401, Health and Safety Code, may file a written
2-20 complaint with the commission requesting an investigation of the
2-21 act.
2-22 (b) The commission shall reply to the complaint in writing
2-23 not later than the 60th day after the date the complaint is
2-24 received. The reply must include:
2-25 (1) a copy of any investigation report prepared
2-26 relating to the complaint; and
2-27 (2) a determination of whether the alleged violation
3-1 occurred or is threatened to occur.
3-2 (c) If the commission does not have an action brought before
3-3 the 121st day after the date the complaint is filed under
3-4 Subsection (a), the affected person may bring a civil action in a
3-5 court in the county in which the alleged violation occurred or is
3-6 threatened to occur.
3-7 (d) A penalty awarded in an action brought by an affected
3-8 person under Subsection (c) shall be paid to the state if the
3-9 action was brought by an affected person other than a local
3-10 government. If the action was brought by a local government, the
3-11 penalty shall be divided equally between the local government and
3-12 the state. The court shall include in a final judgment in favor of
3-13 an affected person an award to cover the person's reasonable costs
3-14 and attorney's fees.
3-15 (e) This section does not apply to a violation or threatened
3-16 violation by a state agency.
3-17 Sec. 144.004. ASSISTANCE TO LOCAL GOVERNMENTS BY ATTORNEY
3-18 GENERAL. On request, the attorney general shall assist local
3-19 governments in bringing enforcement actions under Section 144.003,
3-20 Chapters 26 and 27, Water Code, and Chapters 361, 382, and 401,
3-21 Health and Safety Code.
3-22 SECTION 3. The change in law made by Section 1 of this Act
3-23 applies only to a claim for a nuisance filed on or after the
3-24 effective date of this Act. A claim for a nuisance filed before
3-25 the effective date of this Act is governed by the law in effect
3-26 when the claim was filed, and that law is continued in effect for
3-27 that purpose.
4-1 SECTION 4. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.