| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to recovery in a civil action of damages attributable to |
|
|
excavation activities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 251.008, Utilities Code, is amended to |
|
|
read as follows: |
|
|
Sec. 251.008. EFFECT ON CIVIL REMEDIES. Except as |
|
|
otherwise specifically provided by Section 251.204 or another |
|
|
provision of this chapter, this chapter, including Section 251.201, |
|
|
does not affect any civil remedy for personal injury or for property |
|
|
damage, including any damage to an underground facility. |
|
|
SECTION 2. The heading to Subchapter E, Chapter 251, |
|
|
Utilities Code, is amended to read as follows: |
|
|
SUBCHAPTER E. PENALTIES AND REMEDIES |
|
|
SECTION 3. Subchapter E, Chapter 251, Utilities Code, is |
|
|
amended by adding Section 251.204 to read as follows: |
|
|
Sec. 251.204. CIVIL ACTION. (a) An operator or excavator |
|
|
may file a civil action for damages arising from a violation of |
|
|
Section 251.151, 251.152, 251.154, 251.155, 251.157, or 251.159. |
|
|
(b) In a civil action filed under this section the |
|
|
substantially prevailing party may recover reasonable attorney's |
|
|
fees, court costs, and other expenses incurred in the action if: |
|
|
(1) the substantially prevailing party was |
|
|
represented by an attorney; |
|
|
(2) the substantially prevailing party presents the |
|
|
claim to the opposing party or the opposing party's authorized |
|
|
agent; and |
|
|
(3) payment for the just amount owed is not tendered |
|
|
before the expiration of the 30th day after the claim is presented. |
|
|
(c) Venue for a civil action under this section is |
|
|
determined on the same basis as under Section 251.201(e). |
|
|
(d) A civil action under this section is in addition to any |
|
|
other procedure or remedy provided by law, including Section |
|
|
251.201. |
|
|
SECTION 4. Section 251.204, Utilities Code, as added by |
|
|
this Act, applies only to a cause of action that accrues on or after |
|
|
the effective date of this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2019. |