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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for damages incurred in connection with |
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certain excavation activities and an award of attorney's fees in |
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lawsuits to recover the cost of the damages. |
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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 Sections 251.160 and 251.161 to read as follows: |
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Sec. 251.160. LIABILITY FOR DAMAGE TO EXCAVATOR. An |
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operator is liable for damages incurred by an excavator as a result |
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of an excavation that encounters the operator's underground |
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facilities if: |
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(1) the excavator reasonably relied on the operator to |
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mark the approximate location of the underground facility as |
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provided by this subchapter; |
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(2) the operator fails to mark the approximate |
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location of the underground facility encountered or does not |
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accurately mark that approximate location as provided by this |
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subchapter; |
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(3) the damages to the excavator would not have |
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occurred if the excavation had not encountered the underground |
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facility; and |
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(4) the damages to the excavator are damages that |
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would not have occurred if the approximate location of the |
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underground facility had been accurately marked as provided by this |
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subchapter. |
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Sec. 251.161. ATTORNEY'S FEES AWARD. The prevailing party |
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in any suit for damages to an excavator or an operator that occurred |
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in relation to an excavation to which this subchapter applies is |
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entitled to recover reasonable attorney's fees in addition to any |
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award of damages. |
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SECTION 2. Sections 251.160 and 251.161, Utilities Code, as |
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added by this Act, apply only in relation to an excavation that |
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begins on or after October 1, 2015. |
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SECTION 3. This Act takes effect September 1, 2015. |