Texas Health and Safety Code 361.607 – Termination of Agreement; Cost Recovery
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(a) The executive director or the person in its sole discretion may terminate the agreement by giving 15 days’ advance written notice to the other. Only those costs incurred or obligated by the executive director before notice of termination of the agreement are recoverable under the agreement if the agreement is terminated.
(b) Termination of the agreement does not affect any right the executive director has under other law to recover costs.
Terms Used In Texas Health and Safety Code 361.607
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the person does not pay to the commission the state’s costs associated with the voluntary cleanup before the 31st day after the date the person receives notice that the costs are due and owing, the attorney general, at the request of the executive director, shall bring an action in the name of the state in Travis County to recover the amount owed and reasonable legal expenses, including attorney’s fees, witness costs, court costs, and deposition costs.