Texas 2011 - 82nd Regular

Texas Senate Bill SB1217 Compare Versions

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Old	New	Differences
1	1	By: Estes S.B. No. 1217
2	2	(Hilderbran)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an excavator's duty to notify a notification center
8	8	before excavating; providing civil and criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.155, Utilities Code, is amended to
11	11	read as follows:
12	12	Sec. 251.155. EXCEPTION IN CASE OF EMERGENCY; OFFENSE.
13	13	(a) Section 251.151 does not apply to an emergency excavation that
14	14	is necessary to respond to a situation that endangers life, health,
15	15	or property or a situation in which the public need for
16	16	uninterrupted service and immediate reestablishment of service if
17	17	service is interrupted compels immediate action.
18	18	(b) The excavator may begin emergency excavation under
19	19	Subsection (a) immediately and shall take reasonable care
20	20	[precautions] to protect underground facilities.
21	21	(c) When an emergency exists, the excavator shall notify a
22	22	notification center as promptly as practicably [reasonably]
23	23	possible.
24	24	(d) An excavator may not misrepresent a fact or circumstance
25	25	used in the determination of an emergency excavation under
26	26	Subsection (a). A person that violates this subsection is subject
27	27	to a penalty under:
28	28	(1) Section 251.201;
29	29	(2) Section 251.203; or
30	30	(3) both Section 251.201 and Section 251.203.
31	31	SECTION 2. Section 251.201, Utilities Code, is amended by
32	32	adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
33	33	(b) and (c) to read as follows:
34	34	(a-1) An excavator that violates Section 251.155(d) is
35	35	liable for a civil penalty of not less than $1,000 or more than
36	36	$2,000. If a county attorney or district attorney decides not to
37	37	bring an action to recover the civil penalty, the board of directors
38	38	of the corporation may, in accordance with Section 251.2011, give
39	39	the excavator a warning letter and require the excavator to attend a
40	40	safety training course approved by the board. The county attorney
41	41	or district attorney shall notify the board of its decision.
42	42	(b) Except as provided by Subsection (b-1), if [If] it is
43	43	found at the trial on a civil penalty that the excavator has
44	44	violated this chapter and has been assessed a penalty under this
45	45	section or has received a warning letter from the board one other
46	46	time before the first anniversary of the date of the most recent
47	47	violation, the excavator is liable for a civil penalty of not less
48	48	than $1,000 or more than $2,000.
49	49	(b-1) If it is found at the trial on a civil penalty that the
50	50	excavator has violated Section 251.155(d) and has been assessed a
51	51	penalty under this section or has received a warning letter from the
52	52	board one other time before the first anniversary of the date of the
53	53	most recent violation, the excavator is liable for a civil penalty
54	54	of not less than $2,000 or more than $5,000.
55	55	(c) Except as provided by Subsection (c-1), if [If] it is
56	56	found at the trial on a civil penalty that the excavator has
57	57	violated this chapter and has been assessed a penalty under this
58	58	section at least two other times before the first anniversary of the
59	59	date of the most recent violation, or has been assessed a penalty at
60	60	least one other time before the first anniversary of the date of the
61	61	most recent violation and has received a warning letter from the
62	62	board during that period, the excavator is liable for a civil
63	63	penalty of not less than $2,000 or more than $5,000.
64	64	(c-1) If it is found at the trial on a civil penalty that the
65	65	excavator has violated Section 251.155(d) and has been assessed a
66	66	penalty under this section at least two other times before the first
67	67	anniversary of the date of the most recent violation, or has been
68	68	assessed a penalty at least one other time before the first
69	69	anniversary of the date of the most recent violation and has
70	70	received a warning letter from the board during that period, the
71	71	excavator is liable for a civil penalty of not less than $5,000 or
72	72	more than $10,000.
73	73	SECTION 3. The heading to Section 251.203, Utilities Code,
74	74	is amended to read as follows:
75	75	Sec. 251.203. CRIMINAL PENALTY [FOR REMOVAL, DAMAGE, OR
76	76	CONCEALMENT OF MARKER OR SIGN].
77	77	SECTION 4. Section 251.203, Utilities Code, is amended by
78	78	adding Subsection (a-1) to read as follows:
79	79	(a-1) A person commits an offense if the person
80	80	intentionally or recklessly violates Section 251.155(d).
81	81	SECTION 5. The changes in law made by this Act apply only to
82	82	conduct occurring on or after the effective date of this Act.
83	83	Conduct occurring before the effective date of this Act is governed
84	84	by the law in effect on the date the conduct occurred, and the
85	85	former law is continued in effect for that purpose.
86	86	SECTION 6. This Act takes effect September 1, 2011.