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A BILL TO BE ENTITLED
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AN ACT
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relating to an excavator's duty to notify a notification center |
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before excavating; providing civil and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.155, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.155. EXCEPTION IN CASE OF EMERGENCY; OFFENSE. (a) |
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Section 251.151 does not apply to an emergency excavation that is |
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necessary to respond to a situation that endangers life, health, or |
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property [or a situation in which the public need for uninterrupted
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service and immediate reestablishment of service if service is
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interrupted compels immediate action]. |
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(b) The excavator may begin emergency excavation under |
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Subsection (a) immediately and shall take special [reasonable] |
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precautions to protect underground facilities. |
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(c) When an emergency exists, the excavator shall: |
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(1) notify a notification center as promptly as |
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practicably [reasonably] possible; and |
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(2) immediately cease all excavation efforts if |
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advised by the notification center or other governing authority to |
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cease all excavation efforts. |
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(d) An excavator may not misrepresent a fact or circumstance |
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used in the determination of an emergency excavation under |
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Subsection (a). A person that violates this subsection is subject |
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to a penalty under: |
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(1) Section 251.201; |
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(2) Section 251.203; or |
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(3) both Sections 251.201 and 251.203. |
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SECTION 2. Section 251.201, Utilities Code, is amended by |
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adding Subsections (a-1), (b-1), and (c-1) and amending Subsections |
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(b) and (c) to read as follows: |
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(a-1) An excavator that violates Section 251.155(d) is |
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liable for a civil penalty of not less than $1,000 or more than |
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$2,000. If a county attorney or district attorney decides not to |
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bring an action to recover the civil penalty, the board of directors |
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of the corporation may, in accordance with Section 251.2011, give |
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the excavator a warning letter and require the excavator to attend a |
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safety training course approved by the board. The county attorney |
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or district attorney shall notify the board of its decision. |
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(b) Except as provided by Subsection (b-1), if [If] it is |
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found at the trial on a civil penalty that the excavator has |
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violated this chapter and has been assessed a penalty under this |
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section or has received a warning letter from the board one other |
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time before the first anniversary of the date of the most recent |
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violation, the excavator is liable for a civil penalty of not less |
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than $1,000 or more than $2,000. |
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(b-1) If it is found at the trial on a civil penalty that the |
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excavator has violated Section 251.155(d) and has been assessed a |
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penalty under this section or has received a warning letter from the |
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board one other time before the first anniversary of the date of the |
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most recent violation, the excavator is liable for a civil penalty |
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of not less than $2,000 or more than $5,000. |
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(c) Except as provided by Subsection (c-1), if [If] it is |
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found at the trial on a civil penalty that the excavator has |
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violated this chapter and has been assessed a penalty under this |
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section at least two other times before the first anniversary of the |
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date of the most recent violation, or has been assessed a penalty at |
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least one other time before the first anniversary of the date of the |
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most recent violation and has received a warning letter from the |
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board during that period, the excavator is liable for a civil |
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penalty of not less than $2,000 or more than $5,000. |
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(c-1) If it is found at the trial on a civil penalty that the |
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excavator has violated Section 251.155(d) and has been assessed a |
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penalty under this section at least two other times before the first |
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anniversary of the date of the most recent violation, or has been |
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assessed a penalty at least one other time before the first |
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anniversary of the date of the most recent violation and has |
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received a warning letter from the board during that period, the |
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excavator is liable for a civil penalty of not less than $5,000 or |
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more than $10,000. |
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SECTION 3. The heading to Section 251.203, Utilities Code, |
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is amended to read as follows: |
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Sec. 251.203. CRIMINAL PENALTY [FOR REMOVAL, DAMAGE, OR
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CONCEALMENT OF MARKER OR SIGN]. |
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SECTION 4. Section 251.203, Utilities Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally or recklessly violates Section 251.155(d). |
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SECTION 5. The changes in law made by this Act apply only to |
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conduct occurring on or after the effective date of this Act. |
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Conduct occurring before the effective date of this Act is governed |
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by the law in effect on the date the conduct occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |