By: Nelson S.B. No. 291
(In the Senate - Filed January 29, 2013; February 5, 2013,
read first time and referred to Committee on Natural Resources;
March 11, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; March 11, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 291 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements for gas utilities entering certain
real property; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 104, Utilities Code, is
amended by adding Section 104.259 to read as follows:
Sec. 104.259. NOTICE OF ENTRY TO PROPERTY OWNER;
ADMINISTRATIVE PENALTY. (a) A gas utility that has an easement in
or a right-of-way over or through real property must give written
notice, sent to the property's address, to the owner or person in
possession of the property before a member, agent, or employee of
the gas utility may enter the property for utility business.
(b) A gas utility must give the notice required by this
section not later than the fifth day before the date of entry.
(c) This section does not apply to:
(1) an entry to respond to an emergency that endangers
life, health, or property;
(2) an entry to reestablish interrupted service or to
conduct surveillance, inspection, repair, and maintenance
activities or to gain access to a different property;
(3) a regularly scheduled service reading or
examination;
(4) an entry to locate underground facilities in
response to a one-call locate request; or
(5) an entry to attempt to collect on an unpaid utility
bill.
(d) The written notice required by Subsection (a) shall be
presumed to have been timely given if the gas utility provides an
affidavit stating that the notice was deposited in the U.S. Mail,
postage prepaid, first class, at least eight days before the date of
entry.
(e) The railroad commission may impose an administrative
penalty on a person who fails to give the notice required by this
section.
(f) The amount of the penalty is $200 for each entry made
without giving the notice required by this section.
(g) The enforcement of the penalty may be stayed during the
time the order is under judicial review if the person pays the
penalty to the clerk of the court or files a supersedeas bond with
the court in the amount of the penalty. A person who cannot afford
to pay the penalty or file the bond may stay the enforcement by
filing an affidavit in the manner required by the Texas Rules of
Civil Procedure for a party who cannot afford to file security for
costs, subject to the right of the railroad commission to contest
the affidavit as provided by those rules.
(h) The attorney general may sue to collect the penalty.
(i) A proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code.
SECTION 2. Section 105.023, Utilities Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a violation of Section
104.259.
SECTION 3. Section 105.024, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to a violation of Section
104.259.
SECTION 4. The change in law made by this Act applies only
to a property entry described by Section 104.259, Utilities Code,
as added by this Act, that occurs on or after October 1, 2013. A
property entry described by Section 104.259, Utilities Code, as
added by this Act, that occurs before October 1, 2013, is governed
by the law in effect before September 1, 2013, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.
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