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