83R7240 JJT-D
By: Bell H.B. No. 2332
A BILL TO BE ENTITLED
AN ACT
relating to the liability of an operator of an underground facility
for damages that result from a failure to comply with a duty to mark
underground facilities to prevent damage from excavation or a duty
to make certain notifications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 251, Utilities Code, is
amended by adding Section 251.160 to read as follows:
Sec. 251.160. CIVIL LIABILITY OF NONCOMPLYING OPERATOR. An
operator that fails to comply fully with Sections 251.157 and
251.158 is liable for:
(1) three times the amount of actual damages,
including:
(A) damages incurred by the excavator for damage
to equipment or costs of project delays; and
(B) damages incurred by a third party caused by
the excavator in reliance on the operator's presumed compliance
with those sections; and
(2) reasonable attorney's fees and court costs.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.