Bill Text: TX HB2882 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to recovery in a civil action of damages attributable to excavation activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB2882 Detail]
Download: Texas-2019-HB2882-Comm_Sub.html
| 86R29393 GRM-F | |||
| By: White | H.B. No. 2882 | ||
| Substitute the following for H.B. No. 2882: | |||
| By: Smith | C.S.H.B. No. 2882 | ||
|
|
||
|
|
||
| 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. | ||
