Texas House Bill HB2882

Texas 2019 - 86th Regular

Caption

Relating to recovery in a civil action of damages attributable to excavation activities.

Impact

If enacted, HB2882 would solidify the ability of operators and excavators to seek compensation for damages resulting from non-compliance with statutory excavation guidelines. It establishes a more structured legal pathway for recovery, thus potentially enhancing accountability among those responsible for excavation activities. The bill also establishes penalties and remedies, making it clear that civil remedies for property damage are unaffected, allowing claimants to pursue justice effectively while also seeking to control violations that can endanger infrastructure.

Summary

House Bill 2882 focuses on the recovery of damages in civil actions specifically related to excavation activities. This bill amends the Utilities Code to clarify the rights of operators and excavators regarding civil actions caused by violations related to excavation standards. It allows parties to recover reasonable attorney's fees and court costs if they substantially prevail and certain conditions regarding claim notifications are met. The bill intends to streamline the civil remedy process for those harmed by violations during excavation activities, particularly those impacting underground utilities.

Sentiment

The sentiment surrounding HB2882 appears to be generally positive among proponents who believe it will benefit operators and excavators by providing clearer legal avenues for recourse. Supporters argue that this bill empowers those who may have suffered damages due to violations, thus lowering the risk of continued oversight in excavation practices. However, one might anticipate caution from stakeholders concerned about potential misuse of these civil actions, which could lead to increased litigation in the utility sphere.

Contention

Notable points of contention may arise regarding the balance between allowing civil remedies and preventing frivolous lawsuits. Detractors might argue that while the bill aims to provide justice to affected parties, it could inadvertently encourage excessive legal claims against operators, increasing legal costs across the board. There may also be concerns regarding how this bill interacts with existing regulations and whether it could lead to confusion or disputes over jurisdiction and the application of these civil remedies.