| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R8109 SLB-D | |
| 2 | 2 | By: Oliverson H.B. No. 1155 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the recovery of attorney's fees and court costs awarded | |
| 8 | 8 | in certain actions involving the unlawful waste or diversion of | |
| 9 | 9 | water. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 11.086(b), Water Code, is amended to | |
| 12 | 12 | read as follows: | |
| 13 | 13 | (b) A person whose property is injured by an overflow of | |
| 14 | 14 | water caused by an unlawful diversion or impounding has remedies at | |
| 15 | 15 | law and in equity and may recover damages occasioned by the | |
| 16 | 16 | overflow. The prevailing party in a suit filed to recover relief | |
| 17 | 17 | for a violation of this section is entitled to recover reasonable | |
| 18 | 18 | attorney's fees and court costs. | |
| 19 | 19 | SECTION 2. This Act applies only to an action commenced on | |
| 20 | 20 | or after the effective date of this Act. An action commenced before | |
| 21 | 21 | the effective date of this Act is governed by the law applicable to | |
| 22 | 22 | the action immediately before the effective date of this Act, and | |
| 23 | 23 | that law is continued in effect for that purpose. | |
| 24 | 24 | SECTION 3. This Act takes effect September 1, 2019. |