By Turner of Coleman H.B. No. 2391
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees, penalties, and training courses relating to
1-3 notification of underground excavation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.106, Utilities Code, is amended to
1-6 read as follows:
1-7 Sec. 251.106. PAYMENTS TO CORPORATION. Each time a
1-8 notification center receives a call from an excavator under Section
1-9 251.151, the notification center shall pay the corporation five
1-10 cents [one cent]. The corporation shall waive this charge for the
1-11 remainder of any year in which the corporation receives $250,000
1-12 [$500,000] under this section.
1-13 SECTION 2. Section 251.201, Utilities Code, is amended to
1-14 read as follows:
1-15 Sec. 251.201. CIVIL PENALTY OR WARNING LETTER. (a) An
1-16 excavator that violates Section 251.151, 251.152, or 251.159 is
1-17 liable for a civil penalty of not less than $500 [$50] or more than
1-18 $1,000 [$100]. If a county attorney or district attorney decides
1-19 not to bring an action to recover the civil penalty, the board of
1-20 directors of the corporation may, in accordance with Section
1-21 251.2011, give the excavator a warning letter and require the
1-22 excavator to attend a safety training course approved by the board.
1-23 The county attorney or district attorney shall notify the board of
1-24 its decision.
2-1 (b) If it is found at the trial on a civil penalty that the
2-2 excavator has violated this chapter and has been assessed a penalty
2-3 under this section or has received a warning letter from the board
2-4 one other time before the first anniversary of the date of the most
2-5 recent violation, the excavator is liable for a civil penalty of
2-6 not less than $1,000 [$100] or more than $2,000 [$200].
2-7 (c) If it is found at the trial on a civil penalty that the
2-8 excavator has violated this chapter and has been assessed a penalty
2-9 under this section at least two other times before the first
2-10 anniversary of the date of the most recent violation, or has been
2-11 assessed a penalty at least one other time before the first
2-12 anniversary of the date of the most recent violation and has
2-13 received a warning letter from the board during that period, the
2-14 excavator is liable for a civil penalty of not less than $2,000
2-15 [$200] or more than $5,000 [$500].
2-16 (d) In assessing the civil penalty the court shall consider
2-17 the actual damage to the facility, the effect of the excavator's
2-18 actions on the public health and safety, whether the violation was
2-19 a wilful act, and any good faith of the excavator in attempting to
2-20 achieve compliance.
2-21 (e) Venue for a proceeding to collect a civil penalty under
2-22 this section is in the county in which:
2-23 (1) all or part of the alleged violation occurred;
2-24 (2) the defendant has its principal place of business
2-25 in this state; or
2-26 (3) the defendant resides, if in this state.
2-27 (f) The appropriate county attorney or criminal district
3-1 attorney shall bring the action to recover the civil penalty.
3-2 (g) This section does not apply to a residential property
3-3 owner excavating on the property owner's own residential lot.
3-4 SECTION 3. Subchapter E, Chapter 251, Utilities Code, is
3-5 amended by adding Section 251.2011 to read as follows:
3-6 Sec. 251.2011. WARNING LETTER AND SAFETY TRAINING COURSE.
3-7 (a) The board of directors of the corporation shall establish a
3-8 procedure to ensure that the board verifies that an excavator has
3-9 violated Section 251.151, 251.152, or 251.159 before giving the
3-10 excavator a warning letter and requiring the excavator to attend a
3-11 safety training course under Section 251.201.
3-12 (b) The board shall solicit and consider advice and
3-13 recommendations from excavators in establishing or approving a
3-14 safety training course that an excavator may be required to attend
3-15 under Section 251.201.
3-16 SECTION 4. This Act takes effect September 1, 2001, and
3-17 applies to a violation that occurs on or after that date. A
3-18 violation that occurs before that date is governed by the law in
3-19 effect when the violation occurred, and that law is continued in
3-20 effect for that purpose.