83R8242 SCL-F
By: Martinez H.B. No. 3294
A BILL TO BE ENTITLED
AN ACT
relating to increasing civil penalties for excavator violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 251.201(a-1), (b), (b-1), (c), and
(c-1), Utilities Code, are amended to read as follows:
(a-1) An excavator that violates Section 251.155(d) is
liable for a civil penalty of not less than $1,000 or more than
$5,000 [$2,000]. If a county attorney or district attorney decides
not to bring an action to recover the civil penalty, the board of
directors of the corporation may, in accordance with Section
251.2011, give the excavator a warning letter and require the
excavator to attend a safety training course approved by the
board. The county attorney or district attorney shall notify the
board of its decision.
(b) Except as provided by Subsection (b-1), if it is found
at the trial on a civil penalty that the excavator has violated this
chapter and has been assessed a penalty under this section or has
received a warning letter from the board one other time before the
first anniversary of the date of the most recent violation, the
excavator is liable for a civil penalty of not less than $1,000 or
more than $5,000 [$2,000].
(b-1) If it is found at the trial on a civil penalty that the
excavator has violated Section 251.155(d) and has been assessed a
penalty under this section or has received a warning letter from the
board one other time before the first anniversary of the date of the
most recent violation, the excavator is liable for a civil penalty
of not less than $2,000 or more than $10,000 [$5,000].
(c) Except as provided by Subsection (c-1), if it is found
at the trial on a civil penalty that the excavator has violated this
chapter and has been assessed a penalty under this section at least
two other times before the first anniversary of the date of the most
recent violation, or has been assessed a penalty at least one other
time before the first anniversary of the date of the most recent
violation and has received a warning letter from the board during
that period, the excavator is liable for a civil penalty of not less
than $2,000 or more than $10,000 [$5,000].
(c-1) If it is found at the trial on a civil penalty that the
excavator has violated Section 251.155(d) and has been assessed a
penalty under this section at least two other times before the first
anniversary of the date of the most recent violation, or has been
assessed a penalty at least one other time before the first
anniversary of the date of the most recent violation and has
received a warning letter from the board during that period, the
excavator is liable for a civil penalty of not less than $5,000 or
more than $20,000 [$10,000].
SECTION 2. The change in law made by this Act applies only
to conduct occurring in violation of Section 251.201, Utilities
Code, on or after the effective date of this Act. Conduct occurring
in violation of that section before the effective date of this Act
is governed by the law in effect on the date the conduct occurred,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.