Texas Statutes
§ 361.276 — APPORTIONMENT OF LIABILITY.
Texas § 361.276
JurisdictionTexas
Code HSHealth and Safety Code
This text of Texas § 361.276 (APPORTIONMENT OF LIABILITY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Health and Safety Code Code Ann. § 361.276 (2026).
Text
Sec. 361.276. APPORTIONMENT OF LIABILITY.
(a)If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible, that person is liable only for the elimination of that release or threatened release attributable to the person. If the release or threatened release is not proved to be divisible, persons liable under Section 361.272 or 361.273 are jointly and severally liable for eliminating the release or threatened release.
(b)In this section, "divisible" means that the waste released or threatened to be released has been and is capable of being managed separately under the remedial action plan.
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Related
Milestone Properties, Inc. v. Federated Metals Corp.
867 S.W.2d 113 (Court of Appeals of Texas, 1994)
Texas Commission on Environmental Quality v. Exxon Mobil Corporation ExxonMobil Oil Corporation Pennzoil-Quaker State Company and Shell Oil Company
(Court of Appeals of Texas, 2015)
Milestone Properties, Inc. v. Federated Metals Corporation, ASARCO, Inc., and Lone Star Lead Construction Corporation
(Court of Appeals of Texas, 1993)
Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality
(Court of Appeals of Texas, 2015)
Legislative History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Nearby Sections
15
§ 361.001
SHORT TITLE.§ 361.002
POLICY; FINDINGS.§ 361.003
DEFINITIONS.§ 361.0135
COMPOSTING REFUND.§ 361.014
USE OF SOLID WASTE FEE REVENUE.§ 361.015
JURISDICTION: RADIOACTIVE WASTE.§ 361.0151
RECYCLING.§ 361.0152
STIMULATE USE OF RECYCLABLE MATERIAL.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 361.276, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/HS/361.276.