89R20488 CS-F
By: Spiller H.B. No. 3004
Substitute the following for H.B. No. 3004:
By: Hayes C.S.H.B. No. 3004
A BILL TO BE ENTITLED
AN ACT
relating to work, an activity, or a function performed near a high
voltage overhead line.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022;
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code;
(15) makes a preliminary determination on a claim
under Section 74.353;
(16) overrules an objection filed under Section
148.003(d) or denies all or part of the relief sought by a motion
under Section 148.003(f); [or]
(17) grants or denies a motion for summary judgment
filed by a contractor based on Section 97.002; or
(18) grants or denies a motion for summary judgment or
dismissal based on Section 752.008, Health and Safety Code.
SECTION 2. Section 752.001, Health and Safety Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Overhead line" means:
(A) a bare or insulated electrical conductor
installed above ground other than [but does not include] a
conductor that is:
(i) de-energized and grounded; or
(ii) [that is] enclosed in a rigid metallic
conduit; and
(B) overhead energized equipment that supports
the transmission or distribution of electricity.
(3) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
SECTION 3. Chapter 752, Health and Safety Code, is amended
by adding Section 752.0015 to read as follows:
Sec. 752.0015. RESPONSIBLE PERSON. In this chapter, a
person is considered to be responsible for work, an activity, or a
function if the person:
(1) performs the work, activity, or function;
(2) employs, retains, or hires a person to perform
work, an activity, or a function, including a contractor or
subcontractor; or
(3) is an employee, agent, contractor, subcontractor,
or independent contractor involved in the work, activity, or
function.
SECTION 4. Section 752.002, Health and Safety Code, is
amended to read as follows:
Sec. 752.002. EXEMPTIONS [EXEMPTION FOR CERTAIN EMPLOYEES
AND ACTIVITIES]. (a) This chapter does not apply to the
construction, reconstruction, operation, or maintenance by an
authorized person of overhead electrical or communication circuits
or conductors and their supporting structures and associated
equipment that are part of a rail transportation system, an
electrical generating, transmission, or distribution system, or a
communication system.
(b) In this section, "authorized person" means:
(1) a person directly or indirectly employed,
retained, or hired by [an employee of a light and power company,] an
electric cooperative, an electric utility, or a municipality
performing work, an activity, or a function on or near the
cooperative's, utility's, or municipality's [working on his
employer's] electrical system, including a high voltage overhead
line;
(2) an employee of a transportation system working on
the system's electrical circuits;
(3) an employee of a communication utility;
(4) an employee of a state, county, or municipal
agency that has authorized circuit construction on the poles or
structures that belong to [an electric power company,] an electric
cooperative, an electric utility, a municipal or transportation
system, or a communication system;
(5) an employee of an industrial plant who works on the
plant's electrical system; or
(6) an employee of an electrical or communications
contractor who is working under the contractor's supervision.
(c) Except as provided by Section 752.005, this chapter does
not apply to a vehicle being operated in the normal and reasonable
movement of traffic.
SECTION 5. Section 752.003, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (e) to read as follows:
(a) A person [, firm, corporation, or association]
responsible for temporary work, [or] a temporary activity, or a
temporary function to be performed closer to a high voltage
overhead line than the distances prescribed by this chapter shall
[must] notify the operator of the line at least 48 hours before the
work, activity, or function begins.
(b) A person described by Subsection (a)[, firm,
corporation, or association] may not begin the work, activity, or
function [under this section] until the person[, firm, corporation,
or association responsible for the work, activity, or function] and
the owner or operator, or both, of the high voltage overhead line
have negotiated a satisfactory mutual arrangement to provide
temporary de-energization and grounding, temporary relocation or
raising of the line, or temporary mechanical barriers to separate
and prevent contact between the line and the material or equipment
or the person performing the work, activity, or function. If more
than one person is responsible for the work, activity, or function,
a representative of all the responsible persons may negotiate the
arrangement.
(c) A [The] person described by Subsection (a)[, firm,
corporation, or association responsible for the work, activity, or
function] shall pay the operator of the high voltage overhead line
the actual expense incurred by the operator in providing the
clearance prescribed in the agreement. The operator may require
payment in advance and is not required to provide the clearance
until the person[, firm, corporation, or association responsible
for the work, activity, or function] makes the payment.
(e) Each person responsible for the work, activity, or
function under this section shall ensure that the requirements of
this section are complete before beginning the work, activity, or
function.
SECTION 6. Section 752.004, Health and Safety Code, is
amended to read as follows:
Sec. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a)
Unless a person responsible for work, an activity, or a function
described by Section 752.003[, firm, corporation, or association]
effectively guards against danger by contact with the line as
prescribed by Section 752.003, the person[, firm, corporation, or
association, either individually or through an agent or employee,]
may not perform any work, [a function or] activity, or function on
land, a building, a highway, or other premises if at any time it is
possible that the person [performing the function or activity] may:
(1) move or be placed within 10 [six] feet of a high
voltage overhead line while performing the work, [function or]
activity, or function; or
(2) move [bring] any part of an object [a tool,
equipment, machine,] or material within 10 [six] feet of a high
voltage overhead line while performing the work, activity, or
function, regardless of whether the object or material was already
within 10 feet of the high voltage overhead line before the work,
activity, or function began [the function or activity].
(b) A person responsible for the work, activity, or
function[, firm, corporation, or association] may not require an
employee, agent, subcontractor, or independent contractor to
perform any work, [a function or] activity, or function prohibited
by Subsection (a).
SECTION 7. Section 752.005, Health and Safety Code, is
amended to read as follows:
Sec. 752.005. RESTRICTION ON OPERATION OF MACHINERY AND
PLACEMENT OF STRUCTURES NEAR LINES. Unless a person responsible
for work, an activity, or a function described by Section 752.003 [,
firm, corporation, or association] effectively guards against
danger by contact with the line as prescribed by Section 752.003,
the person[, firm, corporation, or association, either
individually or through an agent or employee,] may not:
(1) erect, install, transport, or store all or any
part of a house, building, or other structure within 10 [six] feet
of a high voltage overhead line;
(2) install, operate, transport, handle, or store all
or any part of a tool, machine, or equipment within 10 [six] feet of
a high voltage overhead line; or
(3) transport, handle, move, or store all or any part
of any object [supplies] or materials within 10 [six] feet of a high
voltage overhead line.
SECTION 8. Section 752.007(a), Health and Safety Code, is
amended to read as follows:
(a) A person [, firm, corporation, or association or an
agent or employee of a person, firm, corporation, or association]
commits an offense if the person[, firm, corporation, association,
agent, or employee] violates this chapter.
SECTION 9. Section 752.008, Health and Safety Code, is
amended to read as follows:
Sec. 752.008. LIABILITY FOR DAMAGES. If a violation of this
chapter results in physical or electrical contact with a high
voltage overhead line, all persons responsible for the work,
activity, or function:
(1) are jointly and severally [the person, firm,
corporation, or association that committed the violation is] liable
to the owner or operator of the line for all damages to the
facilities and for all liability that the owner or operator incurs
as a result of the contact, including all defense and
indemnification costs; and
(2) are barred from recovery of damages in tort from
the owner or operator of the line for any injuries or damages
associated with the contact.
SECTION 10. The changes in law made by this Act apply only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.