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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of an operator of an underground facility |
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for damages that result from a failure to comply with a duty to mark |
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underground facilities to prevent damage from excavation or a duty |
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to make certain notifications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 251, Utilities Code, is |
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amended by adding Section 251.160 to read as follows: |
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Sec. 251.160. CIVIL LIABILITY OF NONCOMPLYING OPERATOR. An |
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operator that fails to comply fully with Sections 251.157 and |
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251.158 is liable for: |
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(1) three times the amount of actual damages, |
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including: |
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(A) damages incurred by the excavator for damage |
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to equipment or costs of project delays; and |
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(B) damages incurred by a third party caused by |
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the excavator in reliance on the operator's presumed compliance |
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with those sections; and |
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(2) reasonable attorney's fees and court costs. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |