Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Zbranek H.B. No. 1927
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nuisance actions under the civil practices and remedies
1-3 code, authorizing the recovery of attorney's fees and providing for
1-4 participation in the enforcement of environmental laws.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 38.001, Civil Practices and Remedies
1-7 Code, is amended to read as follows:
1-8 Sec. 38.001. Recovery of Attorney's Fees. A person may
1-9 recover reasonable attorney's fees from an individual or
1-10 corporation, in addition to the amount of a valid claim and costs,
1-11 if the claim is for:
1-12 (1) rendered services;
1-13 (2) performed labor;
1-14 (3) furnished materials;
1-15 (4) freight or express overcharges;
1-16 (5) lost or damaged freight or express;
1-17 (6) killed or injured stock;
1-18 (7) a sworn account; [or]
1-19 (8) an oral or written contract; or
1-20 (9) a nuisance resulting from a condition of air
1-21 pollution as defined by section 382.003, Health and Safety Code, of
1-22 water pollution as defined by section 26.001, Water Code, or of a
1-23 public health nuisance as defined by section 341.011, Health and
1-24 Safety Code.
2-1 SECTION 2. Title 6, Civil Practices and Remedies Code, is
2-2 amended by adding Chapter 144 to read as follows:
2-3 CHAPTER 144. PARTICIPATION IN ENFORCEMENT
2-4 OF ENVIRONMENTAL LAWS
2-5 Sec. 144.001. DEFINITION. In this chapter, "commission"
2-6 means the Texas Natural Resource Conservation Commission.
2-7 Sec. 144.002. RIGHT OF INTERVENTIONS BY AFFECTED PERSONS IN
2-8 ACTIONS BY THE ATTORNEY GENERAL. (a) In a civil enforcement
2-9 action brought by the attorney general at the request of the
2-10 commission under Chapter 26 or 27, Water Code, or Chapter 361, 382
2-11 or 401, Health and Safety Code, a person who may be affected by
2-12 acts that are the subject matter of the enforcement action has a
2-13 right to intervene in the enforcement action.
2-14 (b) The court may align the parties or otherwise provide for
2-15 the efficient use of the resources of the court and the parties.
2-16 (c) This section does not apply to enforcement actions
2-17 brought against an agency of the state.
2-18 Sec. 144.003. INVESTIGATION AND PROSECUTION OF CERTAIN
2-19 VIOLATIONS. (a) An affected person, including a local government,
2-20 who may be affected by acts that are the subject matter of
2-21 complaint, may file a written complaint with the commission
2-22 requesting an investigation of an alleged violation of Chapter 26
2-23 or 27, Water Code, or Chapter 361, 382 or 401, Health and Safety
2-24 Code.
2-25 (b) The commission shall reply to the complaint in writing
2-26 not later than the 60th day after the complaint is received and
2-27 shall provide a copy of any investigation report relevant to the
2-28 complaint together with a determination of whether the alleged
2-29 violation was committed.
2-30 (c) The local government or affected person may bring a
3-1 civil action in a court of competent jurisdiction in the county in
3-2 which an alleged violation occurred or is threatened to occur, if
3-3 the commission does not have a suit filed before the 121st day
3-4 after the date on which the written complaint is filed under
3-5 Subsection (a).
3-6 (d) A penalty collected in a suit under section must be paid
3-7 to the state if the action is brought by an affected person other
3-8 than a local government. If the suit is brought by a local
3-9 government, the penalty shall be divided, with one-half of the
3-10 penalty to be paid to the local government and one-half to the
3-11 state. The court shall include in any final judgment in favor to
3-12 the local government or affected person an award to cover
3-13 reasonable costs and attorney's fees.
3-14 (e) This section does not apply to violations or alleged
3-15 violations by a state agency.
3-16 Sec. 144.004. ASSISTANCE TO LOCAL GOVERNMENTS BY THE
3-17 ATTORNEY GENERAL. When requested, the attorney general shall,
3-18 within the resource limits of the office, assist local governments
3-19 in bringing enforcement actions under Section 144.003 of this
3-20 Chapter and under the provisions for local government enforcement
3-21 in Chapter 26 or 27, Water Code, and Chapter 361, 382 or 401,
3-22 Health and Safety Code.
3-23 SECTION 3. The change in law made by Section 1 of this Act
3-24 applies only to a claim for a nuisance filed on or after the
3-25 effective date of this Act. A claim filed for a nuisance filed
3-26 before the effective date of this Act is governed by the law in
3-27 effect when the claim was filed, and that law is continued in
3-28 effect for that purpose.
3-29 SECTION 4. The importance of this legislation and the
3-30 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.