HBA-EVB H.C.R. 120 76(R) BILL ANALYSIS Office of House Bill AnalysisH.C.R. 120 By: Yarbrough Civil Practices 4/12/1999 Introduced BACKGROUND AND PURPOSE Larry P. Shepherd alleges that in December 1995, as a general partner in Shepherd and White, he entered into an agreement with Gibson Recycling, Inc., leasing property owned by Shepherd and White for the recycling of waste tires. Mr. Shepherd alleges that in December 1995, Gibson Recycling, Inc., entered into an agreement with the Texas Natural Resource Conservation Commission (TNRCC) under the waste tire recycling program. Mr. Shepherd alleges that Gibson Recycling, Inc., failed to maintain the site, and on March 19, 1998, TNRCC advised Mr. Shepherd that TNRCC had closed the site and declared the site abandoned. Mr. Shepherd alleges that on April 20, 1998, TNRCC advised him that the state would start cleaning up the site not later than July, 17, 1998. Mr. Shepherd alleges that TNRCC has failed to clean up the site. H.C.R. 120 grants permission to Larry P. Shepherd to sue the State of Texas and TNRCC. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.C.R. 120 grants permission to Larry P. Shepherd to sue the State of Texas and the Texas Natural Resource Conservation Commission (TNRCC) for the costs incurred in the removal and cleanup of the tire chips on the property and legal fees incurred. Provides that the executive director of the TNRCC be served process as provided by Section 107.002(a)(3) (Effect of Grant of Permission), Civil Practices and Remedies Code.