Texas House Bill HB1130

Texas 2021 - 87th Regular

Caption

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

Impact

The implications of HB1130 are significant as it amends Section 251.008 of the utilities code to affirm that civil remedies, including claims for personal injury or property damage, remain intact despite the presence of the bill. Moreover, it introduces Section 251.204, which specifically allows an operator or excavator to file a civil lawsuit for damages, granted specific conditions regarding representation and claim presentation are met. This change aims to facilitate more straightforward recovery for damages, ensuring that parties are not disadvantaged when seeking remedies.

Summary

House Bill 1130 addresses the legal framework concerning the recovery of damages in civil actions attributed to excavation activities. This bill modifies existing sections of the Utilities Code, specifically outlining the procedural and substantive rights for operators or excavators who may suffer damages due to violations of certain provisions related to excavation. The essential goal of HB1130 is to clarify the circumstances under which parties can seek civil remedies and to promote responsible excavation practices while also protecting the rights of underground facility operators.

Contention

Notable points of contention may arise from the processes established for claims under this bill, particularly pertaining to the definitions of violations under which parties can claim damages. The stipulation that a 'substantially prevailing party' can recover attorney's fees and costs may lead to debates over the definitions and implications of such legal terms. Additionally, the requirement for claim presentation may provoke discussions about accessibility and fairness within the judicial remedies available for excavators, as the practical impacts of these changes on smaller entities may vary significantly.