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