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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance of excavators of underground utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.157, Utilities Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In a civil action brought against an excavator for |
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damages related to an excavation, the plaintiff must show that the |
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proximate cause of the damages was the excavator's failure to |
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comply with Section 251.151. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for 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, 2017. |