|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to recovery of attorney's fees for certain claims arising |
|
|
from the abandonment of hazardous wastes on the claimant's |
|
|
property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 38.001, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. 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: |
|
|
(1) rendered services; |
|
|
(2) performed labor; |
|
|
(3) furnished material; |
|
|
(4) freight or express overcharges; |
|
|
(5) lost or damaged freight or express; |
|
|
(6) killed or injured stock; |
|
|
(7) a sworn account; [or] |
|
|
(8) an oral or written contract; or |
|
|
(9) management of hazardous waste intentionally |
|
|
abandoned on the person's property by another. |
|
|
SECTION 2. The change in law made by this Act applies to a |
|
|
claim for management of hazardous waste abandoned on a person's |
|
|
property if the abandonment occurs on or after the effective date of |
|
|
this Act or if the abandonment occurred before the effective date of |
|
|
this Act and the waste remains abandoned on the property on the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |