HBA-EVB H.C.R. 120 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 120
By: Yarbrough
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Larry P. Shepherd alleges that in December 1995, as a general partner in
Shepherd and White, he entered into an agreement with Gibson Recycling,
Inc., leasing property owned by Shepherd and White for the recycling of
waste tires. Mr. Shepherd alleges that in December 1995, Gibson Recycling,
Inc., entered into an agreement with the Texas Natural Resource
Conservation Commission (TNRCC) under the waste tire recycling program. Mr.
Shepherd alleges that Gibson Recycling, Inc., failed to maintain the site,
and on March 19, 1998, TNRCC advised Mr. Shepherd that TNRCC had closed the
site and declared the site abandoned. Mr. Shepherd alleges that on April
20, 1998, TNRCC advised him that the state would start cleaning up the site
not later than July, 17, 1998. Mr. Shepherd alleges that TNRCC has failed
to clean up the site. H.C.R. 120 grants permission to Larry P. Shepherd to
sue the State of Texas and TNRCC. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

H.C.R. 120 grants permission to Larry P. Shepherd to sue the State of Texas
and the Texas Natural Resource Conservation Commission (TNRCC) for the
costs incurred in the removal and cleanup of the tire chips on the property
and legal fees incurred. 

Provides that the executive director of the TNRCC be served process as
provided by Section 107.002(a)(3) (Effect of Grant of Permission), Civil
Practices and Remedies Code.