Public-domain · open source
OpenJurist

Tex. Health & Safety Code § 361.277

EFFECT OF SETTLEMENT AGREEMENT WITH STATE

Known as the Solid Waste Disposal Act

The act spans §§ 361–361 (309 sections).

Applied in 1 court decision — leading case Compton v. Texaco, Inc. (2001)

Most recently applied in Compton v. Texaco, Inc. (April 2001)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.