Texas case law is unclear on whether enforcement is permitted against both corporate entities as well as their agents. For instance, in State of Texas v. Malone Service Co., the president and plant manager argued that they had no individual liability. The court cited a number of federal environmental cases which applied the “personal participation” doctrine and held that the individual defendants were liable as a result of their actions rather than their status as agents of the corporation.
However, in Morello v. State of Texas, the court held that an officer of limited liability company was not individually liable because: (1) the State failed to invoke any veil-piercing theory that might apply to him; and (2) the State could not prove (and even disclaimed) that he participated in any tortious or fraudulent conduct which would have led to his personal liability as an agent of the company.
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