Bill Text: TX HB2882 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
86R7325 GRM-F | ||
By: White | H.B. No. 2882 |
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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. |