89R5115 CS-D
By: Dean H.B. No. 3213
A BILL TO BE ENTITLED
AN ACT
relating to excavation for the installation of buried fiber-optic
cable.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.151, Utilities Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) A person who intends to excavate for the purpose of
installing fiber-optic cable infrastructure shall provide a map of
the proposed fiber-optic cable infrastructure to:
(1) a municipality if the excavation will take place
in a right-of-way of the municipality; and
(2) a county if the excavation will take place in a
right-of-way of the county.
(e) The map required by Subsection (d) must be provided to
the municipality or county before the date the excavation begins. A
municipality or county may prescribe the format of the map and the
geographic area that must be included in the map.
SECTION 2. Sections 251.201(a), (b), and (c), Utilities
Code, are amended to read as follows:
(a) An excavator that violates Section 251.151, 251.152, or
251.159 is liable for a civil penalty of not less than $2,000 [$500]
or more than $5,000 [$1,000]. 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 $5,000
[$1,000] or more than $8,000 [$2,000].
(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 $8,000 [$2,000] or more than $10,000 [$5,000].
SECTION 3. The heading to Subchapter E, Chapter 251,
Utilities Code, is amended to read as follows:
SUBCHAPTER E. PENALTIES AND REMEDIES
SECTION 4. Subchapter E, Chapter 251, Utilities Code, is
amended by adding Section 251.204 to read as follows:
Sec. 251.204. CIVIL LIABILITY. (a) An excavator whose
excavation results in damage to an underground facility owned by a
municipality or a county is liable to the owner or operator of the
underground facility for damages arising from that conduct.
(b) It is not a defense to liability under this section that
a county attorney or district attorney declined to bring an action
against the excavator to recover a civil penalty under Section
251.201 for the conduct that is alleged to give rise to liability
under this section.
(c) Venue for a civil action brought under this section is
determined on the same basis as the venue for a proceeding under
Section 251.201(e).
(d) A civil action under this section is in addition to any
other procedure or remedy provided by law, including Section
251.201.
SECTION 5. Section 251.204, Utilities Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.