Relating to excavation for the installation of buried fiber-optic cable.
Note
HB 3213 is scheduled to take effect on September 1, 2025, allowing time for public awareness and compliance adaptation among those in the excavation and utility industries. As legislators and industry stakeholders assess the implications of this bill, it remains essential to ascribe the proper balance between fostering infrastructure development and protecting local regulatory authority.
Impact
The bill amends the Utilities Code, specifically Section 251.151, by imposing new requirements on excavators and establishing civil penalties for non-compliance. These penalties range from $2,000 to $10,000, depending on the number of violations an excavator has committed. By increasing the penalties, the legislation aims to deter careless excavation practices that could damage existing underground facilities and disrupt service—a concern for municipalities and counties reliant on these infrastructures for public utilities.
Summary
House Bill 3213 seeks to regulate the excavation processes necessary for the installation of buried fiber-optic cable. As outlined in the bill, excavators intending to perform such work must provide municipalities or counties with a map detailing the proposed fiber-optic cable infrastructure before the commencement of any excavation. This requirement aims to enhance communication and planning between utility installers and local governments, which is particularly pertinent as demand for high-speed internet continues to rise across Texas.
Contention
One notable aspect of HB 3213 is its focus on civil liability associated with damage to municipal or county underground facilities. The bill specifies that an excavator, who causes damage during excavation, is liable for the costs incurred to repair said damage, reinforcing the accountability of contractors. Some stakeholders may argue about the adequacy of civil penalties, suggesting that they might either be too high, potentially driving smaller contractors out of business, or not sufficiently deter reckless behavior among larger companies known to overlook safety regulations.
Texas Constitutional Statutes Affected
Utilities Code
Chapter 251. Underground Facility Damage Prevention And Safety
Relating to the construction of a meteorological tower near a federally owned or operated radar installation or military installation; providing an administrative penalty.