BILL ANALYSIS
Senate Research Center S.B. 2057
By: Wentworth
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
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.