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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain excavation equipment have |
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a decal to promote safety issued by the Texas Underground Facility |
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Notification Corporation; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. EXCAVATION EQUIPMENT |
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Sec. 769.001. DEFINITIONS. In this chapter: |
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(1) "Corporation" means the Texas Underground |
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Facility Notification Corporation. |
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(2) "Excavation equipment" means equipment operated |
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by mechanical power that is used to excavate, including a trencher, |
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bulldozer, power shovel, auger, backhoe, scraper, drill, cable or |
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pipe plow, and other equipment used to plow in or pull in cable or |
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pipe. |
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(3) "Railroad commission" means the Railroad |
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Commission of Texas. |
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Sec. 769.002. DECAL REQUIREMENT. (a) A business entity |
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that sells, leases, or rents excavation equipment shall place a |
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decal on each piece of excavation equipment before the entity |
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sells, leases, or rents the equipment. |
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(b) The corporation shall produce and issue the decal |
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required under Subsection (a). The decal must contain the |
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following statement: "Call 8-1-1 Before Digging." |
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(c) The corporation shall set a fee for the issuance of the |
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decal in an amount necessary for the corporation to recover the |
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costs of producing and issuing the decal. |
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Sec. 769.003. ADMINISTRATIVE PENALTY. (a) The railroad |
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commission shall send a warning letter to a business entity if: |
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(1) the railroad commission reasonably believes that |
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the business entity has violated Section 769.002(a); and |
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(2) the business entity has not previously violated |
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Section 769.002(a). |
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(b) The railroad commission may assess an administrative |
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penalty against a business entity that violates Section 769.002(a) |
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if the railroad commission has previously sent a warning letter to |
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the entity under Subsection (a). |
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(c) The penalty for each violation may not exceed $10,000. |
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Each day a violation continues may be considered a separate |
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violation for the purpose of penalty assessment. |
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(d) The railroad commission by rule shall adopt guidelines |
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to be used in determining the amount of a penalty under this |
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section. The guidelines shall take into account: |
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(1) the business entity's history of previous |
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violations of Section 769.002(a); |
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(2) the seriousness of the violation; |
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(3) any hazard to the health or safety of the public; |
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(4) the degree of culpability; |
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(5) the demonstrated good faith of the business entity |
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charged; and |
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(6) any other factor the commission considers |
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relevant. |
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(e) A penalty assessed under this section shall be enforced |
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and collected in the same manner as other administrative penalties |
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the railroad commission is authorized to impose under other state |
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law. |
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SECTION 2. (a) The Texas Underground Facility Notification |
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Corporation shall produce the decal required by Section 769.002, |
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Health and Safety Code, as added by this Act, not later than |
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December 1, 2011. |
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(b) Notwithstanding Section 769.003, Health and Safety |
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Code, as added by this Act, a warning letter may not be sent to a |
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business entity for a failure to comply with Section 769.002(a), |
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Health and Safety Code, as added by this Act, that occurs before |
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January 1, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |