reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.201 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.201. Financial Capability and Funding Priority

Sec. 361.201.  FINANCIAL CAPABILITY AND FUNDING PRIORITY.  (a)  The commission may determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action.  The commission by rule shall adopt the criteria for determination of financial capability.(b)  If no financially capable, potentially responsible parties exist for a facility, the commission shall issue an administrative order stating its determination that the facility constitutes an imminent and substantial endangerment and that there are no financially capable, potentially responsible parties.  The commission shall then conduct its own remediation study and remedial action, using federal funds if available, or, if federal funds are not available, using state funds from the hazardous and solid waste remediation fee account.(c)  Generally, the remediation of listed facilities shall be achieved first by private party funding, second with the aid of federal funds, and third, if necessary, with state funds from the hazardous and solid waste remediation fee account.(d)  The commission shall determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action if the responsible party is an individual whose homestead includes the facility subject to or affected by a remedial action.(e)  The commission by rule shall adopt criteria for determining the financial capability of an individual under Subsection (d).  The rules must provide that the value of the individual's homestead may not be included in the total amount of the individual's assets if:(1)  the individual is occupying the homestead as a home;  and(2)  the fair market value of the homestead is $250,000 or less.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 333, Sec. 45, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 661, Sec. 4, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.202 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.202. Deadline Extensions

Sec. 361.202.  DEADLINE EXTENSIONS.  The executive director or the commission may extend any period specified in this section if considered appropriate.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.272 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.272. Administrative Orders Concerning Imminent and Substantial Endangerment

Sec. 361.272.  ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT.  (a)  The commission may issue an administrative order to a person responsible for solid waste if it appears that there is an actual or threatened release of solid waste that presents an imminent and substantial endangerment to the public health and safety or the environment:(1)  from a solid waste facility at which solid waste is stored, processed, or disposed of;  or(2)  at any site at which one or more of those activities concerning solid waste have been conducted in the past, regardless of whether the activity was lawful at the time.(b)  An administrative order may be issued under this section to:(1)  restrain the person from allowing or continuing the release or threatened release;  and(2)  require the person to take any action necessary to provide and implement a cost effective and environmentally sound remedial action plan designed to eliminate the release or threatened release.(c)  An administrative order issued under this section shall:(1)  be delivered to the persons identified by the order by certified mail, return receipt requested; (2)  be delivered by hand delivery to the person identified by the order;  or(3)  on failure of delivery of the order by certified mail or hand delivery, be served on the persons by publication:(A)  once in the Texas Register;  and(B)  once in a newspaper of general circulation in each county in which a person identified by the order had the person's last known address.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.68, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.273 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.273. Injunction as Alternative to Administrative Order

Sec. 361.273.  INJUNCTION AS ALTERNATIVE TO ADMINISTRATIVE ORDER.  The commission may cause a civil suit for injunctive relief to be brought in a district court in the county in which the actual release is occurring or threatened release may occur to:(1)  restrain a person responsible for solid waste under Section 361.271 from allowing or continuing the release or threatened release;  and(2)  require the person to take actions necessary to provide and implement a cost effective and environmentally sound remedial action plan designed to eliminate the release or threatened release.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.69, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.274 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.274. No Prior Notice Concerning Administrative Order

Sec. 361.274.  NO PRIOR NOTICE CONCERNING ADMINISTRATIVE ORDER.  An administrative order under Section 361.272 does not require prior notice or an adjudicative hearing before the commission.  An emergency administrative order may be issued under Subchapter L, Chapter 5, Water Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.69, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 35, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.276 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.276. Apportionment of Liability

Sec. 361.276.  APPORTIONMENT OF LIABILITY.  (a)  If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible, that person is liable only for the elimination of that release or threatened release attributable to the person.  If the release or threatened release is not proved to be divisible, persons liable under Section 361.272 or 361.273 are jointly and severally liable for eliminating the release or threatened release.(b)  In this section, "divisible" means that the waste released or threatened to be released has been and is capable of being managed separately under the remedial action plan.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.277 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.277. Effect of Settlement Agreement With State

Sec. 361.277.  EFFECT OF SETTLEMENT AGREEMENT WITH STATE.  (a)  If fewer than all of the persons identified as liable under this subchapter agree with the state to take remedial action to abate an actual or threatened release of solid waste that is an imminent and substantial endangerment to the public health and safety or the environment under an administrative order issued under section 361.272 or an action filed by the state under this subchapter, the state may seek a judgment against a nonsettling person for the total amount of the cost of the remedial action minus that amount the settling persons agree to pay or spend.(b)  A person who enters a settlement agreement with the state that resolves all liability of the person to the state for a site subject to Subchapter F is released from liability to a person described by Section 361.344(a) for cost recovery, contribution, or indemnity under Section 361.344 regarding a matter addressed in the settlement agreement.(c)  A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise.(d)  Notwithstanding Subsection (c), a settlement agreement reduces the potential liability to the state of the nonsettling persons by the amount of the settlement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 793, Sec. 12, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.278 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.278. Liability of Engineer or Contractor

Sec. 361.278.  LIABILITY OF ENGINEER OR CONTRACTOR.  (a)  An engineer or contractor performing a program of remedial action or cleanup of hazardous waste or solid waste under a contract with a state agency or political subdivision of the state is liable under this subchapter for any negligent act or omission or for wilful misconduct that results in an actual or threatened release of hazardous waste or solid waste after the abandonment or conclusion of the program only to the extent that the endangerment to public health and safety or the environment is aggravated as a result of the act, omission, or misconduct.(b)  In this section, "engineer or contractor" means a person, including the employee or subcontractor of the person, who performs a contract for evaluation, planning, designing, engineering, construction, equipment, or auxiliary services in connection with:(1)  identifying a hazardous or solid waste site; (2)  developing a plan to clean up the site;  or(3)  supervising or implementing the plan to clean up the site.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.279 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment|Section 361.279. Contracts With State

Sec. 361.279.  CONTRACTS WITH STATE.  A state agency contracting for services or products shall consider whether the person proposing to contract with the state has been adjudicated during the preceding three-year period to have committed substantive, nonclerical violations resulting in an actual release of hazardous waste that presented an imminent and substantial danger to the public health and safety or the environment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.301 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter J. Enforcement; Emergency Order; Corrective Action|Section 361.301. Emergency Order

Sec. 361.301.  EMERGENCY ORDER.  The commission may issue an emergency mandatory, permissive, or prohibitory order concerning an activity of solid waste management under its jurisdiction under Section 5.512, Water Code, even if the activity is not covered by a permit.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.70, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 36, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.321 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter K. Appeals; Joinder of Parties|Section 361.321. Appeals

Sec. 361.321.  APPEALS.  (a)  A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a district court of Travis County in the time required by Section 5.351, Water Code.(b)  A person affected by a ruling, order, decision, or other act of a county, or of a political subdivision exercising the authority granted by Section 361.165, may appeal by filing a petition in a district court with jurisdiction in the county or political subdivision.(c)  A petition described by Subsection (b) must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed.  Service of citation of the petition must be accomplished not later than the 30th day after the date on which the petition is filed.(d)  The plaintiff shall pursue the action with reasonable diligence. The court shall presume that the action has been abandoned if the plaintiff does not prosecute the action within one year after it is filed and shall dismiss the suit on a motion for dismissal made by the governmental entity whose action is appealed unless the plaintiff, after receiving notice, can show good and sufficient cause for the delay.(e)  Except as provided by Section 361.322(e), in an appeal from an action of the commission, a county, or a political subdivision exercising the authority granted by Section 361.165, the issue is whether the action is invalid, arbitrary, or unreasonable.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 28, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.71, eff. Sept. 1, 1995.Amended by: Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 361.323 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter K. Appeals; Joinder of Parties|Section 361.323. Joinder of Parties in Action Filed by State

Sec. 361.323.  JOINDER OF PARTIES IN ACTION FILED BY STATE.  (a)  In an action brought by the attorney general under Section 361.273 seeking an injunction to eliminate a release or threatened release, the attorney general shall, and a party may, join as a party a person reasonably believed to be liable for the release or threatened release in accordance with Section 361.272.(b)  Failure of the attorney general or a party to name or join a person as a party is not a defense to an action against that person for contribution or indemnity.(c)  In an action brought by the attorney general under Section 361.273, the district court shall grant relief on the grounds provided by Section 361.322(d), and Sections 361.322(f) and (g) apply to the action.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.341 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter L. Cost Recovery|Section 361.341. Cost Recovery by State

Sec. 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 or Section 361.188; (2)  an action to enforce such an administrative order; (3)  a civil suit seeking injunctive relief under Section 361.273;  or(4)  a cost recovery suit under Section 361.197.(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 through 361.277 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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 28, eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 552, Sec. 2, eff. June 8, 1993.|
TX Health & Safety Code § 361.342 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter L. Cost Recovery|Section 361.342. Cost Recovery by Appealing or Contesting Party

Sec. 361.342.  COST RECOVERY BY APPEALING OR CONTESTING PARTY.  If the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named by the order, the party appealing or contesting the order is entitled to recover from the state its reasonable:(1)  attorney's fees; (2)  costs to prepare and provide witnesses;  and(3)  costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary to prepare the party's case.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.343 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter L. Cost Recovery|Section 361.343. Apportionment of Costs

Sec. 361.343.  APPORTIONMENT OF COSTS.  (a)  Apportionment of costs for the elimination of the release or threatened release of solid waste among the persons responsible for solid waste under Section 361.271 shall be made according to:(1)  the relationship between the parties' actions in storing, processing, and disposing of solid waste and the remedy required to eliminate the release or threatened release; (2)  the volume of solid waste each party is responsible for at the solid waste facility or site to the extent that the costs of the remedy are based on the volume of solid waste present; (3)  consideration of toxicity or other waste characteristics if those characteristics affect the cost to eliminate the release or threatened release;  and(4)  a party's cooperation with state agencies, its cooperation or noncooperation with the pending efforts to eliminate the release or threatened release, or a party's actions concerning storing, processing, or disposing of solid waste, as well as the degree of care that the party exercised.(b)  In apportioning costs under Subsection (a), the court shall credit against a responsible party's share of the costs of eliminating a release or threatened release of solid waste the party's expenditures related to the cleanup at issue if the commission or the executive director approves the cleanup.  If the expenditures were made before the property was proposed to be listed on the state registry and the commission or the executive director approves the cleanup, the court shall also reduce in an equitable and just manner the party's proportionate share of the costs.(c)  The apportionment of costs only adjusts the rights of parties identified by Section 361.271 and does not affect a person's liability to the state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 793, Sec. 13, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.344 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter L. Cost Recovery|Section 361.344. Cost Recovery by Liable Party or Third Party

Sec. 361.344.  COST RECOVERY BY LIABLE PARTY OR THIRD PARTY.  (a)  A person who conducts a removal or remedial action that is approved by the commission and is necessary to address a release or threatened release may bring suit in a district court to recover the reasonable and necessary costs of that action and other costs as the court, in its discretion, considers reasonable.  This right is in addition to the right to file an action for contribution, indemnity, or both in an appeal proceeding or in an action brought by the attorney general.(b)  Venue for the suit is:(1)  in the county in which the release or threatened release is or was located;  or(2)  in any other county in which venue is proper under Chapter 15, Civil Practice and Remedies Code.(c)  To recover costs under this section in a proceeding that is not an appeal proceeding or an action brought by the attorney general under this subchapter, the person seeking cost recovery must have made reasonable attempts to notify the person against whom cost recovery is sought:(1)  of the existence of the release or threatened release;  and(2)  that the person seeking cost recovery intended to take steps to eliminate the release or threatened release.(d)  The court shall determine the amount of cost recovery according to the criteria prescribed by Section 361.343.(e)  A fact determination or ruling by a district court in an appeal of an administrative order under Section 361.322 is not res judicata or collateral estoppel as to an issue brought in a proceeding under this section concerning a party not joined in the appeal.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 20.02, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 793, Sec. 14, eff. Sept. 1, 1997.|