Texas 2025 - 89th Regular

Texas House Bill HB3004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20488~~ CS-F
	1	+	89R6119 CS-F
2	2		By: Spiller H.B. No. 3004
3		-	Substitute the following for H.B. No. 3004:
4		-	By: Hayes C.S.H.B. No. 3004
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to work, an activity, or a function performed near a high
12	10		voltage overhead line.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 51.014(a), Civil Practice and Remedies
15	13		Code, is amended to read as follows:
16	14		(a) A person may appeal from an interlocutory order of a
17	15		district court, county court at law, statutory probate court, or
18	16		county court that:
19	17		(1) appoints a receiver or trustee;
20	18		(2) overrules a motion to vacate an order that
21	19		appoints a receiver or trustee;
22	20		(3) certifies or refuses to certify a class in a suit
23	21		brought under Rule 42 of the Texas Rules of Civil Procedure;
24	22		(4) grants or refuses a temporary injunction or grants
25	23		or overrules a motion to dissolve a temporary injunction as
26	24		provided by Chapter 65;
27	25		(5) denies a motion for summary judgment that is based
28	26		on an assertion of immunity by an individual who is an officer or
29	27		employee of the state or a political subdivision of the state;
30	28		(6) denies a motion for summary judgment that is based
31	29		in whole or in part upon a claim against or defense by a member of
32	30		the electronic or print media, acting in such capacity, or a person
33	31		whose communication appears in or is published by the electronic or
34	32		print media, arising under the free speech or free press clause of
35	33		the First Amendment to the United States Constitution, or Article
36	34		I, Section 8, of the Texas Constitution, or Chapter 73;
37	35		(7) grants or denies the special appearance of a
38	36		defendant under Rule 120a, Texas Rules of Civil Procedure, except
39	37		in a suit brought under the Family Code;
40	38		(8) grants or denies a plea to the jurisdiction by a
41	39		governmental unit as that term is defined in Section 101.001;
42	40		(9) denies all or part of the relief sought by a motion
43	41		under Section 74.351(b), except that an appeal may not be taken from
44	42		an order granting an extension under Section 74.351;
45	43		(10) grants relief sought by a motion under Section
46	44		74.351(l);
47	45		(11) denies a motion to dismiss filed under Section
48	46		90.007;
49	47		(12) denies a motion to dismiss filed under Section
50	48		27.003;
51	49		(13) denies a motion for summary judgment filed by an
52	50		electric utility regarding liability in a suit subject to Section
53	51		75.0022;
54	52		(14) denies a motion filed by a municipality with a
55	53		population of 500,000 or more in an action filed under Section
56	54		54.012(6) or 214.0012, Local Government Code;
57	55		(15) makes a preliminary determination on a claim
58	56		under Section 74.353;
59	57		(16) overrules an objection filed under Section
60	58		148.003(d) or denies all or part of the relief sought by a motion
61	59		under Section 148.003(f); [or]
62	60		(17) grants or denies a motion for summary judgment
63	61		filed by a contractor based on Section 97.002; or
64	62		(18) grants or denies a motion for summary judgment or
65	63		dismissal based on Section 752.008, Health and Safety Code.
66	64		SECTION 2. Section 752.001, Health and Safety Code, is
67	65		amended by amending Subdivision (2) and adding Subdivision (3) to
68	66		read as follows:
69	67		(2) "Overhead line" means:
70	68		(A) a bare or insulated electrical conductor
71	69		installed above ground other than [but does not include] a
72	70		conductor that is:
73	71		(i) de-energized and grounded; or
74	72		(ii) [that is] enclosed in a rigid metallic
75	73		conduit; and
76	74		(B) overhead energized equipment that supports
77	75		the transmission or distribution of electricity.
78	76		(3) "Electric utility" has the meaning assigned by
79	77		Section 31.002, Utilities Code.
80	78		SECTION 3. Chapter 752, Health and Safety Code, is amended
81	79		by adding Section 752.0015 to read as follows:
82	80		Sec. 752.0015. RESPONSIBLE PERSON. In this chapter, a
83	81		person is considered to be responsible for work, an activity, or a
84	82		function if the person:
85	83		(1) performs the work, activity, or function;
86	84		(2) employs, retains, or hires a person to perform
87	85		work, an activity, or a function, including a contractor or
88	86		subcontractor; or
89	87		(3) is an employee, agent, contractor, subcontractor,
90	88		or independent contractor involved in the work, activity, or
91	89		function.
92	90		SECTION 4. Section 752.002, Health and Safety Code, is
93	91		amended to read as follows:
94	92		Sec. 752.002. EXEMPTIONS [EXEMPTION FOR CERTAIN EMPLOYEES
95	93		AND ACTIVITIES]. (a) This chapter does not apply to the
96	94		construction, reconstruction, operation, or maintenance by an
97	95		authorized person of overhead electrical or communication circuits
98	96		or conductors and their supporting structures and associated
99		-	equipment that are part of a rail transportation system, an
100		-	electrical generating, transmission, or distribution system, or a
101		-	communication system.
	97	+	equipment that are part of a rail transportation system or[,] an
	98	+	electrical generating, transmission, or distribution system[, or a
	99	+	communication system].
102	100		(b) In this section, "authorized person" means:
103	101		(1) a person directly or indirectly employed,
104	102		retained, or hired by [an employee of a light and power company,] an
105	103		electric cooperative, an electric utility, or a municipality
106	104		performing work, an activity, or a function on or near the
107	105		cooperative's, utility's, or municipality's [working on his
108	106		employer's] electrical system, including a high voltage overhead
109	107		line;
110	108		(2) an employee of a transportation system working on
111	109		the system's electrical circuits;
112	110		(3) an employee of a communication utility;
113	111		(4) an employee of a state, county, or municipal
114	112		agency that has authorized circuit construction on the poles or
115	113		structures that belong to [an electric power company,] an electric
116	114		cooperative, an electric utility, a municipal or transportation
117	115		system, or a communication system;
118	116		(5) an employee of an industrial plant who works on the
119	117		plant's electrical system; or
120	118		(6) an employee of an electrical or communications
121	119		contractor who is working under the contractor's supervision.
122	120		(c) Except as provided by Section 752.005, this chapter does
123	121		not apply to a vehicle being operated in the normal and reasonable
124	122		movement of traffic.
125	123		SECTION 5. Section 752.003, Health and Safety Code, is
126	124		amended by amending Subsections (a), (b), and (c) and adding
127	125		Subsection (e) to read as follows:
128	126		(a) A person [, firm, corporation, or association]
129	127		responsible for temporary work, [or] a temporary activity, or a
130	128		temporary function to be performed closer to a high voltage
131	129		overhead line than the distances prescribed by this chapter shall
132	130		[must] notify the operator of the line at least 48 hours before the
133	131		work, activity, or function begins.
134	132		(b) A person described by Subsection (a)[, firm,
135	133		corporation, or association] may not begin the work, activity, or
136	134		function [under this section] until the person[, firm, corporation,
137	135		or association responsible for the work, activity, or function] and
138	136		the owner or operator, or both, of the high voltage overhead line
139	137		have negotiated a satisfactory mutual arrangement to provide
140	138		temporary de-energization and grounding, temporary relocation or
141	139		raising of the line, or temporary mechanical barriers to separate
142	140		and prevent contact between the line and the material or equipment
143	141		or the person performing the work, activity, or function. If more
144	142		than one person is responsible for the work, activity, or function,
145	143		a representative of all the responsible persons may negotiate the
146	144		arrangement.
147	145		(c) A [The] person described by Subsection (a)[, firm,
148	146		corporation, or association responsible for the work, activity, or
149	147		function] shall pay the operator of the high voltage overhead line
150	148		the actual expense incurred by the operator in providing the
151	149		clearance prescribed in the agreement. The operator may require
152	150		payment in advance and is not required to provide the clearance
153	151		until the person[, firm, corporation, or association responsible
154	152		for the work, activity, or function] makes the payment.
155	153		(e) Each person responsible for the work, activity, or
156	154		function under this section shall ensure that the requirements of
157	155		this section are complete before beginning the work, activity, or
158	156		function.
159	157		SECTION 6. Section 752.004, Health and Safety Code, is
160	158		amended to read as follows:
161	159		Sec. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a)
162	160		Unless a person responsible for work, an activity, or a function
163	161		described by Section 752.003[, firm, corporation, or association]
164	162		effectively guards against danger by contact with the line as
165	163		prescribed by Section 752.003, the person[, firm, corporation, or
166	164		association, either individually or through an agent or employee,]
167	165		may not perform any work, [a function or] activity, or function on
168	166		land, a building, a highway, or other premises if at any time it is
169	167		possible that the person [performing the function or activity] may:
170	168		(1) move or be placed within 10 [six] feet of a high
171	169		voltage overhead line while performing the work, [function or]
172	170		activity, or function; or
173	171		(2) move [bring] any part of an object [a tool,
174	172		equipment, machine,] or material within 10 [six] feet of a high
175	173		voltage overhead line while performing the work, activity, or
176	174		function, regardless of whether the object or material was already
177	175		within 10 feet of the high voltage overhead line before the work,
178	176		activity, or function began [the function or activity].
179	177		(b) A person responsible for the work, activity, or
180	178		function[, firm, corporation, or association] may not require an
181	179		employee, agent, subcontractor, or independent contractor to
182	180		perform any work, [a function or] activity, or function prohibited
183	181		by Subsection (a).
184	182		SECTION 7. Section 752.005, Health and Safety Code, is
185	183		amended to read as follows:
186	184		Sec. 752.005. RESTRICTION ON OPERATION OF MACHINERY AND
187	185		PLACEMENT OF STRUCTURES NEAR LINES. Unless a person responsible
188	186		for work, an activity, or a function described by Section 752.003 [,
189	187		firm, corporation, or association] effectively guards against
190	188		danger by contact with the line as prescribed by Section 752.003,
191	189		the person[, firm, corporation, or association, either
192	190		individually or through an agent or employee,] may not:
193	191		(1) erect, install, transport, or store all or any
194	192		part of a house, building, or other structure within 10 [six] feet
195	193		of a high voltage overhead line;
196	194		(2) install, operate, transport, handle, or store all
197	195		or any part of a tool, machine, or equipment within 10 [six] feet of
198	196		a high voltage overhead line; or
199	197		(3) transport, handle, move, or store all or any part
200	198		of any object [supplies] or materials within 10 [six] feet of a high
201	199		voltage overhead line.
202	200		SECTION 8. Section 752.007(a), Health and Safety Code, is
203	201		amended to read as follows:
204	202		(a) A person [, firm, corporation, or association or an
205	203		agent or employee of a person, firm, corporation, or association]
206	204		commits an offense if the person[, firm, corporation, association,
207	205		agent, or employee] violates this chapter.
208	206		SECTION 9. Section 752.008, Health and Safety Code, is
209	207		amended to read as follows:
210	208		Sec. 752.008. LIABILITY FOR DAMAGES. If a violation of this
211	209		chapter results in physical or electrical contact with a high
212	210		voltage overhead line, all persons responsible for the work,
213	211		activity, or function:
214	212		(1) are jointly and severally [the person, firm,
215	213		corporation, or association that committed the violation is] liable
216	214		to the owner or operator of the line for all damages to the
217	215		facilities and for all liability that the owner or operator incurs
218	216		as a result of the contact, including all defense and
219	217		indemnification costs; and
220	218		(2) are barred from recovery of damages in tort from
221	219		the owner or operator of the line for any injuries or damages
222	220		associated with the contact.
223	221		SECTION 10. The changes in law made by this Act apply only
224	222		to a cause of action that accrues on or after the effective date of
225	223		this Act. A cause of action that accrued before the effective date
226	224		of this Act is governed by the law as it existed immediately before
227	225		the effective date of this Act, and that law is continued in effect
228	226		for that purpose.
229	227		SECTION 11. This Act takes effect immediately if it
230	228		receives a vote of two-thirds of all the members elected to each
231	229		house, as provided by Section 39, Article III, Texas Constitution.
232	230		If this Act does not receive the vote necessary for immediate
233	231		effect, this Act takes effect September 1, 2025.