84R6063 JJT-D
By: Bell H.B. No. 2535
A BILL TO BE ENTITLED
AN ACT
relating to liability for damages incurred in connection with
certain excavation activities and an award of attorney's fees in
lawsuits to recover the cost of the damages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 251, Utilities Code, is
amended by adding Sections 251.160 and 251.161 to read as follows:
Sec. 251.160. LIABILITY FOR DAMAGE TO EXCAVATOR. An
operator is liable for damages incurred by an excavator as a result
of an excavation that encounters the operator's underground
facilities if:
(1) the excavator reasonably relied on the operator to
mark the approximate location of the underground facility as
provided by this subchapter;
(2) the operator fails to mark the approximate
location of the underground facility encountered or does not
accurately mark that approximate location as provided by this
subchapter;
(3) the damages to the excavator would not have
occurred if the excavation had not encountered the underground
facility; and
(4) the damages to the excavator are damages that
would not have occurred if the approximate location of the
underground facility had been accurately marked as provided by this
subchapter.
Sec. 251.161. ATTORNEY'S FEES AWARD. The prevailing party
in any suit for damages to an excavator or an operator that occurred
in relation to an excavation to which this subchapter applies is
entitled to recover reasonable attorney's fees in addition to any
award of damages.
SECTION 2. Sections 251.160 and 251.161, Utilities Code, as
added by this Act, apply only in relation to an excavation that
begins on or after October 1, 2015.
SECTION 3. This Act takes effect September 1, 2015.