Tex.
Health & Safety Code Section 361.341
Cost Recovery by State
(a)
The state is entitled to recover reasonable attorney’s fees, reasonable costs to prepare and provide witnesses, and reasonable costs of investigating and assessing the facility or site if it prevails in:(1)
an appeal of an administrative order issued under Section 361.272 (Administrative Orders Concerning Imminent and Substantial Endangerment) or Section 361.188 (Final Administrative Order);(2)
an action to enforce such an administrative order;(3)
a civil suit seeking injunctive relief under Section 361.273 (Injunction as Alternative to Administrative Order); or(4)
a cost recovery suit under Section 361.197 (Cost Recovery).(b)
The court shall apportion the costs among liable parties as it determines is equitable and just.(c)
All such costs recovered by the state under Subchapter F shall be remitted to the commission and deposited to the credit of a separate account of the hazardous waste disposal fee fund. All other costs recovered by the state under Sections 361.271 (Persons Responsible for Solid Waste) through 361.277 (Effect of Settlement Agreement with State) shall be remitted to the commission and deposited to the credit of a separate account of the hazardous waste generation and facility fees fund.(d)
If an appeal or third party claim is found by the court to be frivolous, unreasonable, or without foundation, the court may assess damages against the party bringing the appeal or third party claim in an amount not to exceed triple the costs incurred by the state or the third party defendant, including reasonable attorney’s fees, reasonable costs of preparing and providing witnesses, and reasonable costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary for the preparation of the party’s case.
Source:
Section 361.341 — Cost Recovery by State, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.341 (accessed Jun. 5, 2024).
