Bill Text: TX HB3294 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to increasing civil penalties for excavator violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Judiciary & Civil Jurisprudence [HB3294 Detail]
Download: Texas-2013-HB3294-Introduced.html
| 83R8242 SCL-F | ||
| By: Martinez | H.B. No. 3294 | |
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| relating to increasing civil penalties for excavator violations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 251.201(a-1), (b), (b-1), (c), and | ||
| (c-1), Utilities Code, are amended 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 | ||
| $5,000 [ |
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| 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 $1,000 or | ||
| more than $5,000 [ |
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| (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 $10,000 [ |
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| (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 $2,000 or more than $10,000 [ |
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| (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 $20,000 [ |
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| SECTION 2. The change in law made by this Act applies only | ||
| to conduct occurring in violation of Section 251.201, Utilities | ||
| Code, on or after the effective date of this Act. Conduct occurring | ||
| in violation of that section 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 3. This Act takes effect September 1, 2013. | ||
