Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2535 by Bell (Relating to liability for damages incurred in connection with certain excavation activities and an award of attorney's fees in lawsuits to recover the cost of the damages.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend Chapter 251 of the Utilities Code relating to liability for damages incurred in connection with certain excavation activities. The bill would establish that an operator is liable for damages incurred by an excavator as a result of an encounter with the operator's underground facilities if certain conditions are met. The bill would specify that the prevailing party in a lawsuit for damages is entitled to recover attorney's fees in addition to damages.
Based on the information provided by the Office of the Attorney General, it is assumed the provisions of the bill would not result in a significant fiscal impact to the state.
Local Government Impact
There would be significant costs to local governments that own and operate utility systems and would be liable for damages and attorney's fees and court costs if they fail to comply with the requirements for marking underground facilities. However, the number of instances this would occur cannot be determined.
Source Agencies:
302 Office of the Attorney General, 455 Railroad Commission, 473 Public Utility Commission of Texas, 601 Department of Transportation