Texas House Bill HB3981

Texas 2019 - 86th Regular

Caption

Relating to civil suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

Impact

The primary impact of HB3981 is the empowerment of the Attorney General's office to settle civil suits initiated by local governments without needing the consent or approval of the local government itself. This can significantly alter the dynamics involved in environmental litigation, shifting some control from local authorities to the state level. By allowing the Attorney General to act independently in these matters, the bill seeks to ensure settlements are aligned with state policies, potentially leading to more uniform enforcement of environmental laws.

Summary

House Bill 3981 focuses on civil suits initiated by local governments regarding violations of certain laws under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ). This bill introduces significant amendments to the Water Code, particularly adding provisions that pertain to the settlement of civil suits and the limitations on contingent fee contracts for legal services related to these suits. The bills aim to streamline the process by which local governments can address violations of environmental laws, providing a clearer framework for settling such disputes.

Contention

One notable point of contention surrounding HB3981 arises from the prohibition of local governments entering into contingent fee contracts for legal representation in such cases. Critics may argue that this limits the local government’s ability to effectively pursue legal action against violators of environmental regulations, as it may restrict their access to necessary legal resources without the financial risk associated with contingent fees. Proponents, however, support the measure, believing it will prevent unnecessary litigation costs and ensure that settlements are made in a manner consistent with state interests.