Bill Text: TX HB1277 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the requirement that certain excavation equipment have a decal to promote safety issued by the Texas Underground Facility Notification Corporation; providing an administrative penalty.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-01 - Referred to Energy Resources [HB1277 Detail]
Download: Texas-2011-HB1277-Introduced.html
| 82R8145 NAJ-D | ||
| By: Guillen | H.B. No. 1277 | |
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| relating to the requirement that certain excavation equipment have | ||
| a decal to promote safety issued by the Texas Underground Facility | ||
| Notification Corporation; providing an administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 9, Health and Safety Code, is | ||
| amended by adding Chapter 769 to read as follows: | ||
| CHAPTER 769. EXCAVATION EQUIPMENT | ||
| Sec. 769.001. DEFINITIONS. In this chapter: | ||
| (1) "Corporation" means the Texas Underground | ||
| Facility Notification Corporation. | ||
| (2) "Excavation equipment" means equipment operated | ||
| by mechanical power that is used to excavate, including a trencher, | ||
| bulldozer, power shovel, auger, backhoe, scraper, drill, cable or | ||
| pipe plow, and other equipment used to plow in or pull in cable or | ||
| pipe. | ||
| (3) "Railroad commission" means the Railroad | ||
| Commission of Texas. | ||
| Sec. 769.002. DECAL REQUIREMENT. (a) A business entity | ||
| that sells, leases, or rents excavation equipment shall place a | ||
| decal on each piece of excavation equipment before the entity | ||
| sells, leases, or rents the equipment. | ||
| (b) The corporation shall produce and issue the decal | ||
| required under Subsection (a). The decal must contain the | ||
| following statement: "Call 8-1-1 Before Digging." | ||
| (c) The corporation shall set a fee for the issuance of the | ||
| decal in an amount necessary for the corporation to recover the | ||
| costs of producing and issuing the decal. | ||
| Sec. 769.003. ADMINISTRATIVE PENALTY. (a) The railroad | ||
| commission shall send a warning letter to a business entity if: | ||
| (1) the railroad commission reasonably believes that | ||
| the business entity has violated Section 769.002(a); and | ||
| (2) the business entity has not previously violated | ||
| Section 769.002(a). | ||
| (b) The railroad commission may assess an administrative | ||
| penalty against a business entity that violates Section 769.002(a) | ||
| if the railroad commission has previously sent a warning letter to | ||
| the entity under Subsection (a). | ||
| (c) The penalty for each violation may not exceed $10,000. | ||
| Each day a violation continues may be considered a separate | ||
| violation for the purpose of penalty assessment. | ||
| (d) The railroad commission by rule shall adopt guidelines | ||
| to be used in determining the amount of a penalty under this | ||
| section. The guidelines shall take into account: | ||
| (1) the business entity's history of previous | ||
| violations of Section 769.002(a); | ||
| (2) the seriousness of the violation; | ||
| (3) any hazard to the health or safety of the public; | ||
| (4) the degree of culpability; | ||
| (5) the demonstrated good faith of the business entity | ||
| charged; and | ||
| (6) any other factor the commission considers | ||
| relevant. | ||
| (e) A penalty assessed under this section shall be enforced | ||
| and collected in the same manner as other administrative penalties | ||
| the railroad commission is authorized to impose under other state | ||
| law. | ||
| SECTION 2. (a) The Texas Underground Facility Notification | ||
| Corporation shall produce the decal required by Section 769.002, | ||
| Health and Safety Code, as added by this Act, not later than | ||
| December 1, 2011. | ||
| (b) Notwithstanding Section 769.003, Health and Safety | ||
| Code, as added by this Act, a warning letter may not be sent to a | ||
| business entity for a failure to comply with Section 769.002(a), | ||
| Health and Safety Code, as added by this Act, that occurs before | ||
| January 1, 2012. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
