Health & Safety Code Section 361.652
Liability of Fiduciaries
(a)Except as otherwise provided by Subchapter I (Purpose), Chapter 26 (Water Quality Control), Water Code, or rules adopted under that subchapter, the liability of a fiduciary under this code or the Water Code for the release or threatened release of solid waste at, from, or in connection with a solid waste facility held in a fiduciary capacity does not exceed the assets held in the fiduciary capacity.
(b)Subsection (a) does not apply to the extent that a person is liable independently of the person’s ownership of a solid waste facility as a fiduciary or actions taken in a fiduciary capacity.
(c)Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of solid waste if negligence, gross negligence, or wilful misconduct of a fiduciary causes or contributes to the release or threatened release.
(d)Except as otherwise provided by Subchapter I (Purpose), Chapter 26 (Water Quality Control), Water Code, or rules adopted under that subchapter, a fiduciary is not liable in the fiduciary’s personal capacity under this code or the Water Code for:
(1)undertaking or directing another person to undertake a response action under the national contingency plan adopted under 42 U.S.C. Section 9605, under a commission-approved cleanup plan, or under the direction of an on-scene coordinator designated under the national contingency plan or a commission-approved cleanup plan;
(2)undertaking or directing another person to undertake any other lawful means of addressing solid waste in connection with the solid waste facility;
(3)terminating the fiduciary relationship;
(4)including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law or monitoring or enforcing the term or condition;
(5)monitoring or undertaking one or more inspections of the solid waste facility;
(6)providing financial or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary;
(7)restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship;
(8)administering, as a fiduciary, a solid waste facility that was contaminated before the fiduciary relationship began; or
(9)declining to take an action described by Subdivisions (2)-(8).
(e)This section does not:
(1)affect a right, immunity, or defense available under this code or the Water Code that is applicable to a person subject to this section;
(2)create any liability for a person; or
(3)create a private right of action against a fiduciary or any other person.
(f)This section does not apply to a person if the person:
(1)acts in a capacity other than that of a fiduciary or in a beneficiary capacity and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or
(2)is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation, and incidental benefits, permitted under other applicable law.
(g)This section does not preclude a claim under this code or the Water Code against:
(1)the assets of the estate or trust administered by the fiduciary; or
(2)a nonemployee agent or independent contractor retained by a fiduciary.
Section 361.652 — Liability of Fiduciaries,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.652 (accessed Nov. 25, 2023).