By: White H.B. No. 1130
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) An operator or excavator
may file a civil action for damages arising from a violation of
Section 251.151, 251.152, 251.154, 251.155, 251.157, or 251.159.
(b) In a civil action filed under this section the
substantially prevailing party may recover reasonable attorney's
fees, court costs, and other expenses incurred in the action if:
(1) the substantially prevailing party was
represented by an attorney;
(2) the substantially prevailing party presents the
claim to the opposing party or the opposing party's authorized
agent; and
(3) payment for the just amount owed is not tendered
before the expiration of the 30th day after the claim is presented.
(c) Venue for a civil action under this section is
determined on the same basis as under Section 251.201(e).
(d) 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, 2021.