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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery in a civil action of damages attributable to |
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excavation activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.008, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.008. EFFECT ON CIVIL REMEDIES. Except as |
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otherwise specifically provided by Section 251.204 or another |
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provision of this chapter, this chapter, including Section 251.201, |
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does not affect any civil remedy for personal injury or for property |
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damage, including any damage to an underground facility. |
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SECTION 2. The heading to Subchapter E, Chapter 251, |
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Utilities Code, is amended to read as follows: |
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SUBCHAPTER E. PENALTIES AND REMEDIES |
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SECTION 3. Subchapter E, Chapter 251, Utilities Code, is |
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amended by adding Section 251.204 to read as follows: |
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Sec. 251.204. CIVIL ACTION. (a) An operator or excavator |
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may file a civil action for damages arising from a violation of |
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Section 251.151, 251.152, 251.154, 251.155, 251.157, or 251.159. |
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(b) In a civil action filed under this section the |
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substantially prevailing party may recover reasonable attorney's |
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fees, court costs, and other expenses incurred in the action if: |
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(1) the substantially prevailing party was |
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represented by an attorney; |
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(2) the substantially prevailing party presents the |
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claim to the opposing party or the opposing party's authorized |
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agent; and |
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(3) payment for the just amount owed is not tendered |
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before the expiration of the 30th day after the claim is presented. |
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(c) Venue for a civil action under this section is |
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determined on the same basis as under Section 251.201(e). |
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(d) A civil action under this section is in addition to any |
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other procedure or remedy provided by law, including Section |
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251.201. |
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SECTION 4. Section 251.204, Utilities Code, as added by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |