BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2057

                                                                                                                                   By: Wentworth

                                                                                                                                      Jurisprudence

                                                                                                                                            5/10/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a person may 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: rendered services; performed labor; furnished material; freight or express overcharges; lost or damaged freight or express; killed or injured stock; a sworn account; or an oral or written contract.

 

As proposed, S.B. 2057 amends the current statute to include recovery of reasonable attorney's fees for litigation arising from the abandonment of hazardous wastes on a person's property by another.  This bill would allow a person, company, or state agency to recover attorney's fees from abandonment of hazardous waste by a person or corporation.

 

RULEMAKING AUTHORITY

 

This bill does not expressly 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 add a claim for management of hazardous waste intentionally abandoned on a person's property by another to the list of claims for which a person is authorized to recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.