1-1 By: Turner of Coleman (Senate Sponsor - Cain) H.B. No. 2391
1-2 (In the Senate - Received from the House April 27, 2001;
1-3 April 30, 2001, read first time and referred to Committee on State
1-4 Affairs; May 10, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fees, penalties, and training courses relating to
1-9 notification of underground excavation.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 251.106, Utilities Code, is amended to
1-12 read as follows:
1-13 Sec. 251.106. PAYMENTS TO CORPORATION. Each time a
1-14 notification center receives a call from an excavator under Section
1-15 251.151, the notification center shall pay the corporation five
1-16 cents [one cent]. The corporation shall waive this charge for the
1-17 remainder of any year in which the corporation receives $250,000
1-18 [$500,000] under this section.
1-19 SECTION 2. Section 251.201, Utilities Code, is amended to
1-20 read as follows:
1-21 Sec. 251.201. CIVIL PENALTY OR WARNING LETTER. (a) An
1-22 excavator that violates Section 251.151, 251.152, or 251.159 is
1-23 liable for a civil penalty of not less than $500 [$50] or more than
1-24 $1,000 [$100]. If a county attorney or district attorney decides
1-25 not to bring an action to recover the civil penalty, the board of
1-26 directors of the corporation may, in accordance with Section
1-27 251.2011, give the excavator a warning letter and require the
1-28 excavator to attend a safety training course approved by the board.
1-29 The county attorney or district attorney shall notify the board of
1-30 its decision.
1-31 (b) If it is found at the trial on a civil penalty that the
1-32 excavator has violated this chapter and has been assessed a penalty
1-33 under this section or has received a warning letter from the board
1-34 one other time before the first anniversary of the date of the most
1-35 recent violation, the excavator is liable for a civil penalty of
1-36 not less than $1,000 [$100] or more than $2,000 [$200].
1-37 (c) If it is found at the trial on a civil penalty that the
1-38 excavator has violated this chapter and has been assessed a penalty
1-39 under this section at least two other times before the first
1-40 anniversary of the date of the most recent violation, or has been
1-41 assessed a penalty at least one other time before the first
1-42 anniversary of the date of the most recent violation and has
1-43 received a warning letter from the board during that period, the
1-44 excavator is liable for a civil penalty of not less than $2,000
1-45 [$200] or more than $5,000 [$500].
1-46 (d) In assessing the civil penalty the court shall consider
1-47 the actual damage to the facility, the effect of the excavator's
1-48 actions on the public health and safety, whether the violation was
1-49 a wilful act, and any good faith of the excavator in attempting to
1-50 achieve compliance.
1-51 (e) Venue for a proceeding to collect a civil penalty under
1-52 this section is in the county in which:
1-53 (1) all or part of the alleged violation occurred;
1-54 (2) the defendant has its principal place of business
1-55 in this state; or
1-56 (3) the defendant resides, if in this state.
1-57 (f) The appropriate county attorney or criminal district
1-58 attorney shall bring the action to recover the civil penalty.
1-59 (g) This section does not apply to a residential property
1-60 owner excavating on the property owner's own residential lot.
1-61 SECTION 3. Subchapter E, Chapter 251, Utilities Code, is
1-62 amended by adding Section 251.2011 to read as follows:
1-63 Sec. 251.2011. WARNING LETTER AND SAFETY TRAINING COURSE.
1-64 (a) The board of directors of the corporation shall establish a
2-1 procedure to ensure that the board verifies that an excavator has
2-2 violated Section 251.151, 251.152, or 251.159 before giving the
2-3 excavator a warning letter and requiring the excavator to attend a
2-4 safety training course under Section 251.201.
2-5 (b) The board shall solicit and consider advice and
2-6 recommendations from excavators in establishing or approving a
2-7 safety training course that an excavator may be required to attend
2-8 under Section 251.201.
2-9 SECTION 4. This Act takes effect September 1, 2001, and
2-10 applies to a violation that occurs on or after that date. A
2-11 violation that occurs before that date is governed by the law in
2-12 effect when the violation occurred, and that law is continued in
2-13 effect for that purpose.
2-14 * * * * *