Texas House Bill HB263

Texas 2011 - 82nd Regular

• Out of House Committee: 5/4/11
• Introduced: 3/9/11
• Refer: 3/10/11
• Report Pass: 4/19/11

Caption

Relating to an excavator's duties during an emergency excavation; providing civil and criminal penalties.

Impact

The amendments to Sections 251.155 and 251.201 of the Utilities Code introduce civil penalties ranging from $1,000 to $10,000 depending on the severity and recurrence of the violations. This structured penalty system aims to enforce compliance and enhance public safety during excavation activities, particularly in emergency situations. The bill also provides the flexibility for district attorneys or county attorneys to take action or issue warning letters following violations, thereby emphasizing accountability amongst excavators.

Summary

House Bill 263 addresses an excavator's duties during emergency excavations and outlines both civil and criminal penalties for violations. The bill recognizes situations that may endanger life, health, or property, specifically in cases involving natural gas or hazardous liquid pipelines. It allows for immediate action by excavators to alleviate emergencies, requiring them to notify a notification center promptly and to cease all operations if advised by an underground facility operator.

Contention

Notable points of contention arise around the enforcement of these strict penalties and how they may impact excavators in real-life emergency situations. Some stakeholders worry that the new requirements may lead to overregulation, potentially hindering the ability of excavators to respond swiftly in crisis situations. Others argue that the bill is a necessary measure to prevent accidents and protect public infrastructure, highlighting the balance between safety and operational efficiency in emergency excavations.