{"data":{"id":"us-tx/tex.-health-and-safety-code-361.652","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 361.652","heading":"LIABILITY OF FIDUCIARIES.","body":"(a) Except as otherwise provided by Subchapter I, Chapter 26, Water Code, or rules adopted under that subchapter, the liability of a fiduciary under this code or the Water Code for the release or threatened release of solid waste at, from, or in connection with a solid waste facility held in a fiduciary capacity does not exceed the assets held in the fiduciary capacity.\n(b) Subsection (a) does not apply to the extent that a person is liable independently of the person's ownership of a solid waste facility as a fiduciary or actions taken in a fiduciary capacity.\n(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of solid waste if negligence, gross negligence, or wilful misconduct of a fiduciary causes or contributes to the release or threatened release.\n(d) Except as otherwise provided by Subchapter I, Chapter 26, Water Code, or rules adopted under that subchapter, a fiduciary is not liable in the fiduciary's personal capacity under this code or the Water Code for:\n(1) undertaking or directing another person to undertake a response action under the national contingency plan adopted under 42 U.S.C. Section 9605, under a commission-approved cleanup plan, or under the direction of an on-scene coordinator designated under the national contingency plan or a commission-approved cleanup plan;\n(2) undertaking or directing another person to undertake any other lawful means of addressing solid waste in connection with the solid waste facility;\n(3) terminating the fiduciary relationship;\n(4) including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law or monitoring or enforcing the term or condition;\n(5) monitoring or undertaking one or more inspections of the solid waste facility;\n(6) providing financial or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary;\n(7) restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship;\n(8) administering, as a fiduciary, a solid waste facility that was contaminated before the fiduciary relationship began; or\n(9) declining to take an action described by Subdivisions (2)-(8).\n(e) This section does not:\n(1) affect a right, immunity, or defense available under this code or the Water Code that is applicable to a person subject to this section;\n(2) create any liability for a person; or\n(3) create a private right of action against a fiduciary or any other person.\n(f) This section does not apply to a person if the person:\n(1) acts in a capacity other than that of a fiduciary or in a beneficiary capacity and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or\n(2) is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation, and incidental benefits, permitted under other applicable law.\n(g) This section does not preclude a claim under this code or the Water Code against:\n(1) the assets of the estate or trust administered by the fiduciary; or\n(2) a nonemployee agent or independent contractor retained by a fiduciary.\nAdded by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.","path":["HEALTH AND SAFETY CODE","TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY","SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER","CHAPTER 361. SOLID WASTE DISPOSAL ACT","SUBCHAPTER T. FIDUCIARY LIABILITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.652","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"b8288cf23f9df54b2c945c6cfe5ff6a18d1e346a91d4b5b77d3d296aa2f2d2ae","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-361.651","next":"us-tx/tex.-health-and-safety-code-361.701"},"notice":"GroundRules: Original legal text. Not legal advice."}