By:  Jackson                                                      S.B. No. 587

A BILL TO BE ENTITLED
AN ACT
relating to operation of certain machinery or equipment near high-voltage lines. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsections (a) and (b), Section 752.006, Health and Safety Code, are amended to read as follows: (a) A person, firm, corporation, or association, individually, through an agent or employee, or as an agent or employee, may not operate a crane, derrick, power shovel, drilling rig, hayloader, haystacker, mechanical cotton picker, pile driver, hoisting equipment, or similar apparatus any part of which is capable of vertical, lateral, or swinging motion unless[: [(1)] a warning sign is posted and maintained as prescribed by Subsections (b) and (c)[; [(2) an insulated cage-type guard or protective device is installed about the boom or arm of the equipment, except a backhoe or dipper; and [(3) each lifting line, if the equipment includes a lifting hook device, is equipped with an insulator link on the lift hook connection]. (b) The warning sign required by Subsection (a) [(a)(1)] must be a weather-resistant sign of not less than five inches by seven inches with either a yellow background and black lettering, or with background coloring and lettering that conforms to the recommendations or requirements of regulations adopted by the Occupational Safety and Health Administration for warning signs, that reads:
"WARNING--UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES."
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.