| 1 | 1 | | 89R5115 CS-D |
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| 2 | 2 | | By: Dean H.B. No. 3213 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to excavation for the installation of buried fiber-optic |
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| 10 | 10 | | cable. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 251.151, Utilities Code, is amended by |
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| 13 | 13 | | adding Subsections (d) and (e) to read as follows: |
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| 14 | 14 | | (d) A person who intends to excavate for the purpose of |
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| 15 | 15 | | installing fiber-optic cable infrastructure shall provide a map of |
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| 16 | 16 | | the proposed fiber-optic cable infrastructure to: |
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| 17 | 17 | | (1) a municipality if the excavation will take place |
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| 18 | 18 | | in a right-of-way of the municipality; and |
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| 19 | 19 | | (2) a county if the excavation will take place in a |
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| 20 | 20 | | right-of-way of the county. |
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| 21 | 21 | | (e) The map required by Subsection (d) must be provided to |
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| 22 | 22 | | the municipality or county before the date the excavation begins. A |
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| 23 | 23 | | municipality or county may prescribe the format of the map and the |
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| 24 | 24 | | geographic area that must be included in the map. |
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| 25 | 25 | | SECTION 2. Sections 251.201(a), (b), and (c), Utilities |
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| 26 | 26 | | Code, are amended to read as follows: |
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| 27 | 27 | | (a) An excavator that violates Section 251.151, 251.152, or |
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| 28 | 28 | | 251.159 is liable for a civil penalty of not less than $2,000 [$500] |
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| 29 | 29 | | or more than $5,000 [$1,000]. If a county attorney or district |
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| 30 | 30 | | attorney decides not to bring an action to recover the civil |
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| 31 | 31 | | penalty, the board of directors of the corporation may, in |
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| 32 | 32 | | accordance with Section 251.2011, give the excavator a warning |
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| 33 | 33 | | letter and require the excavator to attend a safety training course |
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| 34 | 34 | | approved by the board. The county attorney or district attorney |
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| 35 | 35 | | shall notify the board of its decision. |
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| 36 | 36 | | (b) Except as provided by Subsection (b-1), if it is found |
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| 37 | 37 | | at the trial on a civil penalty that the excavator has violated this |
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| 38 | 38 | | chapter and has been assessed a penalty under this section or has |
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| 39 | 39 | | received a warning letter from the board one other time before the |
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| 40 | 40 | | first anniversary of the date of the most recent violation, the |
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| 41 | 41 | | excavator is liable for a civil penalty of not less than $5,000 |
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| 42 | 42 | | [$1,000] or more than $8,000 [$2,000]. |
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| 43 | 43 | | (c) Except as provided by Subsection (c-1), if it is found |
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| 44 | 44 | | at the trial on a civil penalty that the excavator has violated this |
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| 45 | 45 | | chapter and has been assessed a penalty under this section at least |
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| 46 | 46 | | two other times before the first anniversary of the date of the most |
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| 47 | 47 | | recent violation, or has been assessed a penalty at least one other |
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| 48 | 48 | | time before the first anniversary of the date of the most recent |
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| 49 | 49 | | violation and has received a warning letter from the board during |
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| 50 | 50 | | that period, the excavator is liable for a civil penalty of not less |
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| 51 | 51 | | than $8,000 [$2,000] or more than $10,000 [$5,000]. |
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| 52 | 52 | | SECTION 3. The heading to Subchapter E, Chapter 251, |
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| 53 | 53 | | Utilities Code, is amended to read as follows: |
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| 54 | 54 | | SUBCHAPTER E. PENALTIES AND REMEDIES |
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| 55 | 55 | | SECTION 4. Subchapter E, Chapter 251, Utilities Code, is |
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| 56 | 56 | | amended by adding Section 251.204 to read as follows: |
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| 57 | 57 | | Sec. 251.204. CIVIL LIABILITY. (a) An excavator whose |
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| 58 | 58 | | excavation results in damage to an underground facility owned by a |
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| 59 | 59 | | municipality or a county is liable to the owner or operator of the |
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| 60 | 60 | | underground facility for damages arising from that conduct. |
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| 61 | 61 | | (b) It is not a defense to liability under this section that |
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| 62 | 62 | | a county attorney or district attorney declined to bring an action |
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| 63 | 63 | | against the excavator to recover a civil penalty under Section |
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| 64 | 64 | | 251.201 for the conduct that is alleged to give rise to liability |
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| 65 | 65 | | under this section. |
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| 66 | 66 | | (c) Venue for a civil action brought under this section is |
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| 67 | 67 | | determined on the same basis as the venue for a proceeding under |
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| 68 | 68 | | Section 251.201(e). |
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| 69 | 69 | | (d) A civil action under this section is in addition to any |
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| 70 | 70 | | other procedure or remedy provided by law, including Section |
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| 71 | 71 | | 251.201. |
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| 72 | 72 | | SECTION 5. Section 251.204, Utilities Code, as added by |
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| 73 | 73 | | this Act, applies only to a cause of action that accrues on or after |
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| 74 | 74 | | the effective date of this Act. |
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| 75 | 75 | | SECTION 6. This Act takes effect September 1, 2025. |
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