| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R3446 GRM-D | |
| 2 | 2 | By: Bell H.B. No. 1224 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to compliance of excavators of underground utilities. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 251.157, Utilities Code, is amended by | |
| 10 | 10 | adding Subsection (e) to read as follows: | |
| 11 | 11 | (e) In a civil action brought against an excavator for | |
| 12 | 12 | damages related to an excavation, the plaintiff must show that the | |
| 13 | 13 | proximate cause of the damages was the excavator's failure to | |
| 14 | 14 | comply with Section 251.151. | |
| 15 | 15 | SECTION 2. This Act applies only to a cause of action that | |
| 16 | 16 | accrues on or after the effective date of this Act. A cause of | |
| 17 | 17 | action that accrued before the effective date of this Act is | |
| 18 | 18 | governed by the law applicable to the cause of action immediately | |
| 19 | 19 | before the effective date of this Act, and that law is continued in | |
| 20 | 20 | effect for that purpose. | |
| 21 | 21 | SECTION 3. This Act takes effect immediately if it receives | |
| 22 | 22 | a vote of two-thirds of all the members elected to each house, as | |
| 23 | 23 | provided by Section 39, Article III, Texas Constitution. If this | |
| 24 | 24 | Act does not receive the vote necessary for immediate effect, this | |
| 25 | 25 | Act takes effect September 1, 2017. |