77R10494 CBH-D
By Turner of Coleman H.B. No. 2391
Substitute the following for H.B. No. 2391:
By Turner of Coleman C.S.H.B. No. 2391
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees and penalties relating to notification of
1-3 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 give the excavator a warning
1-21 letter and require the excavator to attend a safety training course
1-22 approved by the board. The county attorney or district attorney
1-23 shall notify the board of its decision.
1-24 (b) If it is found at the trial on a civil penalty that the
2-1 excavator has violated this chapter and has been assessed a penalty
2-2 under this section or has received a warning letter from the board
2-3 one other time before the first anniversary of the date of the most
2-4 recent violation, the excavator is liable for a civil penalty of
2-5 not less than $1,000 [$100] or more than $2,000 [$200].
2-6 (c) If it is found at the trial on a civil penalty that the
2-7 excavator has violated this chapter and has been assessed a penalty
2-8 under this section at least two other times before the first
2-9 anniversary of the date of the most recent violation, or has been
2-10 assessed a penalty at least one other time before the first
2-11 anniversary of the date of the most recent violation and has
2-12 received a warning letter from the board during that period, the
2-13 excavator is liable for a civil penalty of not less than $2,000
2-14 [$200] or more than $5,000 [$500].
2-15 (d) In assessing the civil penalty the court shall consider
2-16 the actual damage to the facility, the effect of the excavator's
2-17 actions on the public health and safety, whether the violation was
2-18 a wilful act, and any good faith of the excavator in attempting to
2-19 achieve compliance.
2-20 (e) Venue for a proceeding to collect a civil penalty under
2-21 this section is in the county in which:
2-22 (1) all or part of the alleged violation occurred;
2-23 (2) the defendant has its principal place of business
2-24 in this state; or
2-25 (3) the defendant resides, if in this state.
2-26 (f) The appropriate county attorney or criminal district
2-27 attorney shall bring the action to recover the civil penalty.
3-1 (g) This section does not apply to a residential property
3-2 owner excavating on the property owner's own residential lot.
3-3 SECTION 3. This Act takes effect September 1, 2001, and
3-4 applies to a violation that occurs on or after that date. A
3-5 violation that occurs before that date is governed by the law in
3-6 effect when the violation occurred, and that law is continued in
3-7 effect for that purpose.