86R7325 GRM-F
By: White H.B. No. 2882
A BILL TO BE ENTITLED
AN ACT
relating to recovery in a civil action of damages attributable to
excavation activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.008, Utilities Code, is amended to
read as follows:
Sec. 251.008. EFFECT ON CIVIL REMEDIES. Except as
otherwise specifically provided by Section 251.204 or another
provision of this chapter, this chapter, including Section 251.201,
does not affect any civil remedy for personal injury or for property
damage, including any damage to an underground facility.
SECTION 2. The heading to Subchapter E, Chapter 251,
Utilities Code, is amended to read as follows:
SUBCHAPTER E. PENALTIES AND REMEDIES
SECTION 3. Subchapter E, Chapter 251, Utilities Code, is
amended by adding Section 251.204 to read as follows:
Sec. 251.204. CIVIL ACTION. (a) A person may file a civil
action against an excavator that violates Section 251.151, 251.152,
or 251.159 for the reasonable and expected costs of damages and
repair to the operator of an underground facility, including court
costs.
(b) In assessing the damages, a trier of fact shall consider
the actual damages to the facility, the reasonable costs of repair,
the loss of revenue to the operator, the effect of the excavator's
actions on the public health and safety, and whether the violation
was intentional or reckless.
(c) Venue for a civil action under this section is
determined on the same basis as under Section 251.201(e).
(d) In a civil action filed under this section, the operator
of an underground facility may seek to recover also necessary and
reasonable attorney's fees incurred in the action. In addition, if
the excavator was found to have caused the damages intentionally or
recklessly, the operator may seek to recover also treble the actual
damages.
(e) A civil action under this section is in addition to any
other procedure or remedy provided by law, including Section
251.201.
SECTION 4. Section 251.204, Utilities Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2019.