| |
| |
|
|
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) A person may file a civil |
|
|
action against an excavator that violates Section 251.151, 251.152, |
|
|
or 251.159 for the reasonable and expected costs of damages and |
|
|
repair to the operator of an underground facility, including court |
|
|
costs. |
|
|
(b) In assessing the damages, a trier of fact shall consider |
|
|
the actual damages to the facility, the reasonable costs of repair, |
|
|
the loss of revenue to the operator, the effect of the excavator's |
|
|
actions on the public health and safety, and whether the violation |
|
|
was intentional or reckless. |
|
|
(c) Venue for a civil action under this section is |
|
|
determined on the same basis as under Section 251.201(e). |
|
|
(d) In a civil action filed under this section, the operator |
|
|
of an underground facility may seek to recover also necessary and |
|
|
reasonable attorney's fees incurred in the action. In addition, if |
|
|
the excavator was found to have caused the damages intentionally or |
|
|
recklessly, the operator may seek to recover also treble the actual |
|
|
damages. |
|
|
(e) 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. |