| The Lege has a really bad bill with a exceptionally bad amendment on it that needs to be removed before it becomes law.Take time out and make a call.
Please CONTACT YOUR TEXAS SENATOR IMMEDIATELY!
• Birdwell, Brian
• Carona, John
• Davis, Wendy
• Deuell, Bob
• Duncan, Robert
• Ellis, Rodney
• Eltife, Kevin
• Estes, Craig
• Fraser, Troy
• Gallegos, Mario, Jr.
• Harris, Chris
• Hegar, Glenn
• Hinojosa, Juan "Chuy"
• Huffman, Joan
• Jackson, Mike
• Lucio, Eddie, Jr.
• Nelson, Jane
• Nichols, Robert
• Ogden, Steve
• Patrick, Dan
• Rodriguez, Jose
• Seliger, Kel
• Shapiro, Florence
• Uresti, Carlos
• Van de Putte, Leticia
• Watson, Kirk
• Wentworth, Jeff
• West, Royce
• Whitmire, John
• Williams, Tommy
• Zaffirini, Judith
Rep. Dennis Bonnen unexpectedly put a horrible amendment on an already bad (but previously limited) bill - SB 875 - that now makes the bill universally bad.The bill passed in the House. Bonnen's amendment gives immunity from ALL nuisance suits!!! It strips your right to protect your property and your health from pollution from ANY SOURCE. If mercury from a coal plant contaminated your lake or pond, you couldn't do anything about it. If sulfur from that coal plant destroyed your pecan trees, your roof or even if it impaired your breathing - you'd be out of luck. If toxic runoff from an industry or CAFO reached your land or creek, there would be nothing you could do. The immunity goes for pollution of land, water or air. It's that bad!!! The bill could come up on at any time. Please email or call RIGHT AWAY!!! Immediately!!!
Please contact your State Senator IMMEDIATELY! Urge them to vote NO on SB 875.
Failing that, at least strip the Bonnen amendment from the bill. Ask them to take at least 48 hours so they can look at the bill carefully.
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Who Represents Me? http://www.fyi.legis.state.tx.us
Background information: SB 875 is authored by Senator Troy Fraser.
House sponsors of the bill are Reps. Kelly Hancock, Warren Chisum and Wayne Smith.
Bonnen Floor Amendment to SB 875
REMOVES PRIVATE PROPERTY RIGHTS PROTECTIONS
A nuisance in legal terms in an unreasonable interference with the use or enjoyment of your property. To prevent a trespasser or polluter from destroying your land, you could bring what's called a nuisance action against them to get them to stop and pay for any damages to your property.
Bonnen's amendment is a very bad amendment that will give polluters immunity for personal injury and property damage. The bill as it came over from the Senate only applied to greenhouse gas emissions and was intended to protect businesses from greenhouse gas nuisance lawsuits filed by the EPA, according to the House Research Report. It was not intended to affect nuisance actions filed by individuals.
This amendment broadens the scope of the bill substantially. It now amends the civil practice and Remedies Code to apply to all nuisance actions, brought by individuals and the government. The amendment gives immunity to any polluter (not just greenhouse gas) in a suit for nuisance or trespass, if the polluter proves its conduct was authorized by federal or state permit. The plaintiff can overcome the defense (rebuttable presumption) only by clear and convincing evidence that the polluter knowingly withheld or misrepresented material relevant to determining compliance with the order, and that was the primary reason the permit was granted.
1. It is immunity for a polluter.
2. The definition of "person" is expansive and does not limit the defense to any type of polluter or pollution. It will apply to any nuisance or trespass.
3. The only thing a polluter needs for immunity is a permit.
4. The exception requires the claimant to prove by "clear and convincing" evidence that the polluter lied or withheld material information relevant to its compliance or to getting the permit.
5. This exception will be impossible to prove. Proving someone has lied or withheld evidence, by clear and convincing evidence is an almost impossible standard. Any documents proving such fraud will often be beyond the plaintiff's reach, but it will likely be impossible to meet the standard - clear and convincing evidence - without such a "smoking gun"
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