Bill Text: TX SB1217 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to an excavator's duty to notify a notification center before excavating; providing civil and criminal penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-05-28 - Effective on 9/1/11 [SB1217 Detail]

Download: Texas-2011-SB1217-Enrolled.html
 
 
  S.B. No. 1217
 
 
 
 
AN ACT
  relating to an excavator's duty to notify a notification center
  before excavating; providing civil and criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.155, Utilities Code, is amended to
  read as follows:
         Sec. 251.155.  EXCEPTION IN CASE OF EMERGENCY; OFFENSE.  
  (a)  Section 251.151 does not apply to an emergency excavation that
  is necessary to respond to a situation that endangers life, health,
  or property or a situation in which the public need for
  uninterrupted service and immediate reestablishment of service if
  service is interrupted compels immediate action.
         (b)  The excavator may begin emergency excavation under
  Subsection (a) immediately and shall take reasonable care 
  [precautions] to protect underground facilities.
         (c)  When an emergency exists, the excavator shall notify a
  notification center as promptly as practicably [reasonably]
  possible.
         (d)  An excavator may not misrepresent a fact or circumstance
  used in the determination of an emergency excavation under
  Subsection (a).  A person that violates this subsection is subject
  to a penalty under:
               (1)  Section 251.201;
               (2)  Section 251.203; or
               (3)  both Section 251.201 and Section 251.203.
         SECTION 2.  Section 251.201, Utilities Code, is amended by
  adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
  (b) and (c) to read as follows:
         (a-1)  An excavator that violates Section 251.155(d) is
  liable for a civil penalty of not less than $1,000 or more than
  $2,000.  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 [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 $1,000 or more than $2,000.
         (b-1)  If it is found at the trial on a civil penalty that the
  excavator has violated Section 251.155(d) 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 $2,000 or more than $5,000.
         (c)  Except as provided by Subsection (c-1), if  [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 $2,000 or more than $5,000.
         (c-1)  If it is found at the trial on a civil penalty that the
  excavator has violated Section 251.155(d) 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 $5,000 or
  more than $10,000.
         SECTION 3.  The heading to Section 251.203, Utilities Code,
  is amended to read as follows:
         Sec. 251.203.  CRIMINAL PENALTY [FOR REMOVAL, DAMAGE, OR
  CONCEALMENT OF MARKER OR SIGN].
         SECTION 4.  Section 251.203, Utilities Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A person commits an offense if the person
  intentionally or recklessly violates Section 251.155(d).
         SECTION 5.  The changes in law made by this Act apply only to
  conduct occurring on or after the effective date of this Act.  
  Conduct occurring before the effective date of this Act is governed
  by the law in effect on the date the conduct occurred, and the
  former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1217 passed the Senate on
  April 19, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1217 passed the House on
  May 13, 2011, by the following vote:  Yeas 138, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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