Sec. 361.342. COST RECOVERY BY APPEALING OR CONTESTING PARTY. If the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named by the order, the party appealing or contesting the order is entitled to recover from the state its reasonable:
(1) attorney's fees;
(2) costs to prepare and provide witnesses; and
(3) costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary to prepare the party's case.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water
Chapter 361 - Solid Waste Disposal Act
Section 361.341. Cost Recovery by State
Section 361.342. Cost Recovery by Appealing or Contesting Party
Section 361.343. Apportionment of Costs
Section 361.344. Cost Recovery by Liable Party or Third Party