By: Shapleigh S.B. No. 1821
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to nuisance actions under the civil practices and remedies
1-2 code, authorizing the recovery of attorney's fees and providing for
1-3 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 Practices and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 38.001. Recovery of Attorney's Fees.
1-8 A person may recover reasonable attorney's fees from an
1-9 individual or corporation, in addition to the amount of a valid
1-10 claim and costs, 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; or
1-19 (9) a nuisance resulting from a condition of air
1-20 pollution as defined by Section 382.003, Health and Safety Code, of
1-21 water pollution as defined Section 26.001, Water Code or of a
2-1 public health nuisance as defined by Section 341.011, Health and
2-2 Safety Code.
2-3 SECTION 2. Title 6, Civil Practices and Remedies Code, is
2-4 amended by adding Chapter 144 to read as follows:
2-5 CHAPTER 144. PARTICIPATION IN ENFORCEMENT
2-6 OF ENVIRONMENTAL LAWS
2-7 Sec. 144.001. DEFINITION. In this chapter, "commission"
2-8 means the Texas Natural Resource Conservation Commission.
2-9 Sec. 144.002. RIGHT OF INTERVENTIONS BY AFFECTED PERSONS IN
2-10 ACTIONS BY THE ATTORNEY GENERAL. (a) In a civil enforcement
2-11 action brought by the attorney general at the request of the
2-12 commission under Chapter 26 or 27, Water Code or Chapter 361, 382
2-13 or 401, Health and Safety Code, a person who may be affected by
2-14 acts that are the subject matter of the enforcement action has a
2-15 right to intervene in the enforcement action.
2-16 (b) The court may align the parties or otherwise provide for
2-17 the efficient use of the resources of the court and the parties.
2-18 (c) This section does not apply to enforcement actions
2-19 brought against an agency of the state.
2-20 Sec. 144.003. INVESTIGATION AND PROSECUTION OF CERTAIN
2-21 VIOLATIONS. (a) An affected person, including a local government,
2-22 who may be affected by acts that are the subject matter of
2-23 complaint, may file a written complaint with the commission
2-24 requesting an investigation of an alleged violation of Chapter 26
2-25 or 27, Water Code, or Chapter 361, 382 or 401, Health and Safety
3-1 Code.
3-2 (b) The commission shall reply to the complaint in writing
3-3 not later than the 60th day after the complaint is received and
3-4 shall provide a copy of any investigation report relevant to the
3-5 complaint together with a determination of whether the alleged
3-6 violation was committed.
3-7 (c) The local government or affected person may bring a
3-8 civil action in a court of competent jurisdiction in the county in
3-9 which an alleged violation occurred or is threatened to occur, if
3-10 the commission does not have a suit filed before the 121st day
3-11 after the date on which the written complaint is filed under
3-12 Subsection (a).
3-13 (d) A penalty collected in a suit under section must be paid
3-14 to the state if the action is brought by an affected person other
3-15 than a local government. If the suit is brought by a local
3-16 government, the penalty shall be divided, with one-half of the
3-17 penalty to be paid to the local government and one-half to the
3-18 state. The court shall include in any final judgment in favor to
3-19 the local government or affected person an award to cover
3-20 reasonable costs and attorney's fees.
3-21 (e) This section does not apply to violations or alleged
3-22 violations by a state agency.
3-23 Sec. 144.004. ASSISTANCE TO LOCAL GOVERNMENTS BY THE
3-24 ATTORNEY GENERAL. When requested, the attorney general shall,
3-25 within the resource limits of the office, assist local governments
4-1 in bringing enforcement actions under Section 144.003 of this
4-2 Chapter and under the provisions for local government enforcement
4-3 in Chapter 26 or 27, Water Code, and Chapter 361, 382 or 401,
4-4 Health and Safety Code.
4-5 SECTION 3. The change in law made by Section 1 of this Act
4-6 applies only to a claim for a nuisance filed on or after the
4-7 effective date of this Act. A claim filed for a nuisance filed
4-8 before the effective date of this Act is governed by the law in
4-9 effect when the claim was filed, and that law is continued in
4-10 effect for that purpose.
4-11 SECTION 4. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses creates an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule that the constitutional rule requiring bills to
4-15 be read on three several days in each house be suspended, and this
4-16 rule is hereby suspended, and that this Act take effect and be in
4-17 force from and after its passage, and it is so enacted.