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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of attorney's fees and court costs awarded |
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in certain actions involving the unlawful waste or diversion of |
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water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.086(b), Water Code, is amended to |
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read as follows: |
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(b) A person whose property is injured by an overflow of |
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water caused by an unlawful diversion or impounding has remedies at |
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law and in equity and may recover damages occasioned by the |
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overflow. The prevailing party in a suit filed to recover relief |
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for a violation of this section is entitled to recover reasonable |
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attorney's fees and court costs. |
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SECTION 2. This Act applies only to an action commenced on |
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or after the effective date of this Act. An action commenced before |
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the effective date of this Act is governed by the law applicable to |
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the action immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |