Texas Health and Safety Code 361.344 – Cost Recovery by Liable Party or Third Party
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(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.
Terms Used In Texas Health and Safety Code 361.344
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(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 § 361.343.
(e) A fact determination or ruling by a district court in an appeal of an administrative order under § 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.