Texas 2011 - 82nd Regular

Texas House Bill HB263 Compare Versions

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Old	New	Differences
1	1	82R19032 NAJ-D
2	2	By: Hilderbran H.B. No. 263
3	3	Substitute the following for H.B. No. 263:
4	4	By: Cook C.S.H.B. No. 263
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an excavator's duties during an emergency excavation;
10	10	providing civil and criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 251.155, Utilities Code, is amended to
13	13	read as follows:
14	14	Sec. 251.155. EXCEPTION IN CASE OF EMERGENCY; OFFENSE. (a)
15	15	Section 251.151 does not apply to an emergency excavation that is
16	16	necessary to respond to a situation that endangers life, health, or
17	17	property or that involves a natural gas or hazardous liquid
18	18	pipeline [or a situation in which the public need for uninterrupted
19	19	service and immediate reestablishment of service if service is
20	20	interrupted compels immediate action].
21	21	(b) The excavator may begin emergency excavation under
22	22	Subsection (a) immediately and shall take special [reasonable]
23	23	precautions to protect underground facilities.
24	24	(c) When an emergency exists, the excavator shall:
25	25	(1) notify a notification center as promptly as
26	26	practicably [reasonably] possible; and
27	27	(2) immediately cease all excavation efforts if
28	28	advised by an underground facility operator to cease all excavation
29	29	efforts.
30	30	(d) An excavator may not misrepresent a fact or circumstance
31	31	used in the determination of an emergency excavation under
32	32	Subsection (a). A person that violates this subsection is subject
33	33	to a penalty under:
34	34	(1) Section 251.201;
35	35	(2) Section 251.203; or
36	36	(3) both Sections 251.201 and 251.203.
37	37	SECTION 2. Section 251.201, Utilities Code, is amended by
38	38	adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
39	39	(b) and (c) to read as follows:
40	40	(a-1) An excavator that violates Section 251.155(d) is
41	41	liable for a civil penalty of not less than $1,000 or more than
42	42	$2,000. If a county attorney or district attorney decides not to
43	43	bring an action to recover the civil penalty, the board of directors
44	44	of the corporation may, in accordance with Section 251.2011, give
45	45	the excavator a warning letter and require the excavator to attend a
46	46	safety training course approved by the board. The county attorney
47	47	or district attorney shall notify the board of its decision.
48	48	(b) Except as provided by Subsection (b-1), if [If] it is
49	49	found at the trial on a civil penalty that the excavator has
50	50	violated this chapter and has been assessed a penalty under this
51	51	section or has received a warning letter from the board one other
52	52	time before the first anniversary of the date of the most recent
53	53	violation, the excavator is liable for a civil penalty of not less
54	54	than $1,000 or more than $2,000.
55	55	(b-1) If it is found at the trial on a civil penalty that the
56	56	excavator has violated Section 251.155(d) and has been assessed a
57	57	penalty under this section or has received a warning letter from the
58	58	board one other time before the first anniversary of the date of the
59	59	most recent violation, the excavator is liable for a civil penalty
60	60	of not less than $2,000 or more than $5,000.
61	61	(c) Except as provided by Subsection (c-1), if [If] it is
62	62	found at the trial on a civil penalty that the excavator has
63	63	violated this chapter and has been assessed a penalty under this
64	64	section at least two other times before the first anniversary of the
65	65	date of the most recent violation, or has been assessed a penalty at
66	66	least one other time before the first anniversary of the date of the
67	67	most recent violation and has received a warning letter from the
68	68	board during that period, the excavator is liable for a civil
69	69	penalty of not less than $2,000 or more than $5,000.
70	70	(c-1) If it is found at the trial on a civil penalty that the
71	71	excavator has violated Section 251.155(d) and has been assessed a
72	72	penalty under this section at least two other times before the first
73	73	anniversary of the date of the most recent violation, or has been
74	74	assessed a penalty at least one other time before the first
75	75	anniversary of the date of the most recent violation and has
76	76	received a warning letter from the board during that period, the
77	77	excavator is liable for a civil penalty of not less than $5,000 or
78	78	more than $10,000.
79	79	SECTION 3. The heading to Section 251.203, Utilities Code,
80	80	is amended to read as follows:
81	81	Sec. 251.203. CRIMINAL PENALTY [FOR REMOVAL, DAMAGE, OR
82	82	CONCEALMENT OF MARKER OR SIGN].
83	83	SECTION 4. Section 251.203, Utilities Code, is amended by
84	84	adding Subsection (a-1) to read as follows:
85	85	(a-1) A person commits an offense if the person
86	86	intentionally or recklessly violates Section 251.155(d).
87	87	SECTION 5. Subchapter E, Chapter 251, Utilities Code, is
88	88	amended by adding Section 251.204 to read as follows:
89	89	Sec. 251.204. RAILROAD COMMISSION PENALTY. This chapter
90	90	does not supersede, limit, or otherwise interfere with the
91	91	authority of the Railroad Commission of Texas to impose or enforce a
92	92	penalty against a person who violates damage prevention safety
93	93	standards that relate to excavating in the vicinity of a pipeline.
94	94	SECTION 6. The changes in law made by this Act apply only to
95	95	conduct occurring on or after the effective date of this Act.
96	96	Conduct occurring before the effective date of this Act is governed
97	97	by the law in effect on the date the conduct occurred, and the
98	98	former law is continued in effect for that purpose.
99	99	SECTION 7. This Act takes effect September 1, 2011.