SRC-BWC H.B. 2391 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2391
By: Turner, Bob (Cain)
State Affairs
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Underground Facility Notification Corporation
(corporation) receives one cent each time a notification center receives a
call from an excavator.  The corporation is required to waive the one cent
fee if the revenue from collecting those fees exceeds $500,000 within that
year. Additionally an excavator is charged penalties for violating the
Underground Facility Damage Prevention and Safety Act.  H.B. 2391 increases
the fee to five cents per call, lowers the cap to $250,000, and increases
the amount of financial penalties.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 251.106, Utilities Code, to require a
notification center, each time the notification center receives a call from
an excavator under Section 251.151, to pay the corporation five cents,
rather than one cent.  Requires the corporation to waive this charge for
the remainder of any year in which the corporation receives $250,000,
rather than $500,000, under this section. 

SECTION 2.  Amends Section 251.201, Utilities Code, as follows:

Sec. 251.201.  New heading:  CIVIL PENALTY OR WARNING LETTER.  Provides
that an excavator that violates Section 251.151, 251.152, or 251.159 is
liable for a civil penalty of not less than $500, rather than $50, or more
than $1,000, rather than $100.  Authorizes the board of directors of the
corporation (board), if a county attorney or district attorney decides not
to bring an action to recover the civil penalty, to give the excavator a
warning letter, in accordance with Section 251.2011, and require the
excavator to attend a safety training course approved by the board, in
accordance with Section 251.2011.  Requires the county attorney or district
attorney to notify the board of its decision.  Provides that the excavator
is liable for a civil penalty of not less than $1,000, rather than $100, or
more than $2,000, rather than $200, if it is found at the trial on a civil
penalty that the excavator has violated this chapter and has been assessed
a penalty under this section or has received a warning letter from the
board one other time before the first anniversary of the date of the most
recent violation.  Provides that the excavator is liable for a civil
penalty of not less than $2,000, rather than $200, or more than $5,000,
rather than $500, if it is found at the trial on a civil penalty that the
excavator has violated this chapter and has been assessed a penalty under
this section at least two other times before the first anniversary of the
date of the most recent violation, or has been assessed a penalty at least
one other time before the first anniversary of the date of the most recent
violation and has received a warning letter from the board during that
period.  Makes a reference to "penalty" as "civil penalty."  Provides that
venue for a proceeding to collect a civil penalty under this section is in
certain counties.   

SECTION 3.  Amends Chapter 251E, Utilities Code, by adding Section
251.2011, as follows: 
 
Sec. 251.2011.  WARNING LETTER AND SAFETY TRAINING COURSE.  Requires the
board to establish a procedure to ensure that the board verifies that an
excavator has violated Section 251.151, 251.152, 251.159 before giving the
excavator a warning letter and requiring the excavator to attend a safety
training course under Section 251.201. 

SECTION 4.  Effective date: September 1, 2001.
            Makes application of this Act prospective.