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A BILL TO BE ENTITLED
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AN ACT
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relating to notice requirements for gas utilities entering certain |
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real property; 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. Subchapter F, Chapter 104, Utilities Code, is |
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amended by adding Section 104.259 to read as follows: |
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Sec. 104.259. NOTICE OF ENTRY TO PROPERTY OWNER; |
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ADMINISTRATIVE PENALTY. (a) A gas utility that has an easement in |
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or a right-of-way over or through real property must give written |
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notice, sent to the property's address, to the owner or person in |
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possession of the property before a member, agent, or employee of |
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the gas utility may enter the property for utility business. |
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(b) A gas utility must give the notice required by this |
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section not later than the fifth day before the date of entry. |
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(c) This section does not apply to: |
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(1) an entry to respond to an emergency that endangers |
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life, health, or property; |
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(2) an entry to reestablish interrupted service or to |
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conduct surveillance, inspection, repair, and maintenance |
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activities or to gain access to a different property; |
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(3) a regularly scheduled service reading or |
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examination; |
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(4) an entry to locate underground facilities in |
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response to a one-call locate request; or |
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(5) an entry to attempt to collect on an unpaid utility |
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bill. |
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(d) The written notice required by Subsection (a) shall be |
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presumed to have been timely given if the gas utility provides an |
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affidavit stating that the notice was deposited in the U.S. Mail, |
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postage prepaid, first class, at least eight days before the date of |
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entry. |
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(e) The railroad commission may impose an administrative |
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penalty on a person who fails to give the notice required by this |
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section. |
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(f) The amount of the penalty is $200 for each entry made |
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without giving the notice required by this section. |
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(g) The enforcement of the penalty may be stayed during the |
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time the order is under judicial review if the person pays the |
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penalty to the clerk of the court or files a supersedeas bond with |
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the court in the amount of the penalty. A person who cannot afford |
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to pay the penalty or file the bond may stay the enforcement by |
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filing an affidavit in the manner required by the Texas Rules of |
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Civil Procedure for a party who cannot afford to file security for |
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costs, subject to the right of the railroad commission to contest |
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the affidavit as provided by those rules. |
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(h) The attorney general may sue to collect the penalty. |
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(i) A proceeding to impose the penalty is considered to be a |
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contested case under Chapter 2001, Government Code. |
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SECTION 2. Section 105.023, Utilities Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to a violation of Section |
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104.259. |
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SECTION 3. Section 105.024, Utilities Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to a violation of Section |
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104.259. |
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SECTION 4. The change in law made by this Act applies only |
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to a property entry described by Section 104.259, Utilities Code, |
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as added by this Act, that occurs on or after October 1, 2013. A |
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property entry described by Section 104.259, Utilities Code, as |
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added by this Act, that occurs before October 1, 2013, is governed |
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by the law in effect before September 1, 2013, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |
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* * * * * |