HBA-CMT C.S.H.B. 2391 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2391
By: Turner, Bob
Public Safety
3/29/2001
Committee Report (Substituted)



BACKGROUND 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. C.S.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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2391 amends the Utilities Code to increase the required payment by
a notification center to the Texas Underground Facility Notification
Corporation (corporation) from one cent to five cents each time a
notification center receives a call from an excavator reporting an intent
to excavate.  The bill reduces the cap for the point at which the
corporation is required to waive the five cent charge for the remainder of
the year from $500,000 to $250,000.  

The bill increases the civil penalty for an excavator that violates the
notification requirements or that damages an underground facility during
excavation from not less than $50 or more than $100 to not less than $500
or more than $1,000.  The bill provides that if a county or district
attorney decides not to bring an action to recover the civil penalty, the
board of directors of the corporation (board) may give the excavator a
warning letter and require the excavator to attend a safety training course
approved by the board.  The bill requires the county or district attorney
to notify the board of its decision on whether the attorney will pursue the
civil penalty against an excavator. 

The bill increases the dollar amount of civil penalties assessed by a
factor of ten for each successive violation by an excavator.    

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2391 modifies the original to clarify that a county or district
attorney (attorney) who makes the decision to bring an action to recover a
civil penalty.  In addition, the substitute requires the attorney to notify
the board of directors of the Texas Underground Facility Notification
Corporation (board) of its decision as to whether to bring the action.