(1) (a) The attorney general may bring an action in the district court located in the county in which the excavation is located to enforce this chapter. (b) The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by: (i) a proceeding commenced by the attorney general under this chapter; or (ii) the imposition of a civil penalty under this chapter. (c) If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.
(a) The attorney general may bring an action in the district court located in the county in which the excavation is located to enforce this chapter.
(b) The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by: (i) a proceeding commenced by the attorney general under this chapter; or (ii) the imposition of a civil penalty under this chapter.
(i) a proceeding commenced by the attorney general under this chapter; or
(ii) the imposition of a civil penalty under this chapter.
(c) If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.
(2) Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.
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