Accepted on: 10/14/2016 3:46:30 PM TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Plaintiff, v. DOMINIQUE HALL, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF BILL HALL, JR., DECEASED, Defendant. E-FILED IN MATTERS PROBATE Submit: 10/14/2016 12:53:04 PM GERARD RICKHOFF CLERK PROBATE COURTS BEXAR COUNTY, TEXAS BY: Jennifer Naranjo IN THE PROBATE COURT NO. 2 BEXAR COUNTY, TEXAS PLAINTIFF S APPLICATION FOR ORDER DIRECTING PAYMENT OF AGREED JUDGMENT To the Honorable Judge of this Court: COMES NOW, Plaintiff Texas Commission on Environmental Quality ( TCEQ ), acting through the Attorney General of the State of Texas, files this Application for Order Directing Payment of Agreed Judgment pursuant to 355.107 of the Texas Estates Code. In support, TCEQ respectfully shows the following: 1. The Texas Commission on Environmental Quality is an agency of the State of Texas created by the Legislature to implement the constitution and laws of this state relating to the conservation of natural resources and the protection of the environment. Tex. Water Code Ann. 5.012 (West 2014). TCEQ is located at 12100 Park 35 Circle, Austin, Texas 78753-0000. 2. Dominique Hall, Independent Administrator of the Estate of Bill Hall, Jr. ( Administrator ), is an individual residing in San Antonio, Bexar County, Texas. Administrator may be served process through her attorney, Edward M. Lavin, 8918 Tesoro Drive, Suite 418, San Antonio, Bexar County, Texas 78217. Page 1 of 5
3. Letters of Administration on the Estate were issued by this court to Dominique Hall on December 30, 2013. Administrator is now the duly appointed, qualified, and acting administrator of the Estate. See Exhibit A (Letters of Administration). 4. On August 26, 2014, TCEQ filed its Original Petition against Dominique Hall as Independent Administrator of the Estate, alleging that prior to his passing, Bill Hall, Jr. violated thirteen separate grant contracts ( Contracts ) entered into pursuant to Chapter 389 of the Texas Health and Safety Code, the Texas Emissions Reduction Plan ( TERP ). See Exhibit B (Original Petition). 5. On November 3, 2015, TCEQ and Dominique Hall, as Independent Administrator of the Estate of Bill Hall, Jr., entered into a Release and Settlement Agreement, whereby Defendant agreed to pay $160,000.00 cash within 30 days of the date the agreement was executed. See Exhibit C (Settlement). 6. Administrator did not pay TCEQ within 30 days of the date the agreement was executed. 7. On January 11, 2016, an Agreed Judgment was entered in this court against Defendant Estate of Bill Hall Jr., Deceased, in the principal sum of $160,000.00, together with post judgment interest at 5.00% per annum. See Exhibit D (Agreed Judgment). 8. To date, no part of TCEQ s claim has been paid by Administrator. 9. More than 12 months have elapsed since the granting of Letters of Administration to Administrator. 10. The Estate has sufficient funds on hand to pay TCEQ s claim, or in the alternative, the Estate has sufficient assets to satisfy the judgment upon sale. See Exhibit E (Inventory). 11. Since the January 11, 2016 Agreed Judgment, the Office of the Attorney General, on behalf of TCEQ, has persistently demanded that Bill Hall, Jr. s Estate pay the $160,000 claim in full, Page 2 of 5
and Administrator has continued to unreasonably delay payment. Administrator refuses to provide any supporting documentation as to why the Estate is unable to pay the claim. See Exhibit F (Email Chain). 12. Administrator continues to refuse to pay the claim. For that reason, TCEQ files this Application for Order Directing Payment of Agreed Judgment in order to protect the interests of the State of Texas. PRAYER FOR RELIEF 13. Therefore, TCEQ respectfully requests that: A. Administrator be cited to appear and show cause why TCEQ s claim should not be paid; B. The court enter an order pursuant to Tex. Estates Code 355.107 directing administrator to pay the claim or, in the alternative, directing the sale of estate property sufficient to make the payment; and C. Other orders be made as the court deems proper. Dated: October 14, 2016 [Signature page to follow] Page 3 of 5
Respectfully submitted. KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation JOSHUA R. GODBEY Division Chief Financial Litigation and Charitable Trusts Division /s/ Brittany B. Long BRITTANY B. LONG Assistant Attorney General Texas State Bar No. 24098011 Financial Litigation and Charitable Trusts Division P.O. Box 12548, Mail Code 017 Austin, Texas 78711-2548 Telephone: (512) 475-2467 Facsimile: (512) 477-2348 brittany.long@oag.texas.gov Counsel for Plaintiff Texas Commission on Environmental Quality Page 4 of 5
CERTIFICATE OF SERVICE I hereby certify that on this 14th day of October, 2016, the above and foregoing Plaintiff s Application for Order Directing Payment of Agreed Judgment was served on the following attorneys of record via efiletexas.gov service and/or e-mail as follows: Edward M. Lavin ATTORNEY AT LAW 8918 Tesoro Drive, Suite 418 San Antonio, Texas Telephone: (210) 829-1938 Facsimile: (210) 829-5244 elavin@edlavin.com Counsel for Defendant Dominique Hall, Independent Administrator for the Estate of Bill Hall, Jr., Deceased /s/ Brittany B. Long BRITTANY B. LONG Page 5 of 5