By: Jackson S.B. No. 587
(In the Senate - Filed February 17, 2005; March 1, 2005, read
first time and referred to Subcommittee on Agriculture and Coastal
Resources; March 8, 2005, reported favorably to Committee on
Natural Resources; March 21, 2005, reported favorably from
Committee on Natural Resources by the following vote: Yeas 7,
Nays 0; March 21, 2005, sent to printer.)
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.
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