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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing civil penalties for excavator violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 251.201(a-1), (b), (b-1), (c), and |
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(c-1), Utilities Code, are amended to read as follows: |
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(a-1) An excavator that violates Section 251.155(d) is |
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liable for a civil penalty of not less than $1,000 or more than |
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$5,000 [$2,000]. If a county attorney or district attorney decides |
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not to bring an action to recover the civil penalty, the board of |
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directors of the corporation may, in accordance with Section |
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251.2011, give the excavator a warning letter and require the |
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excavator to attend a safety training course approved by the |
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board. The county attorney or district attorney shall notify the |
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board of its decision. |
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(b) Except as provided by Subsection (b-1), if it is found |
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at the trial on a civil penalty that the excavator has violated this |
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chapter and has been assessed a penalty under this section or has |
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received a warning letter from the board one other time before the |
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first anniversary of the date of the most recent violation, the |
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excavator is liable for a civil penalty of not less than $1,000 or |
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more than $5,000 [$2,000]. |
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(b-1) If it is found at the trial on a civil penalty that the |
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excavator has violated Section 251.155(d) and has been assessed a |
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penalty under this section or has received a warning letter from the |
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board one other time before the first anniversary of the date of the |
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most recent violation, the excavator is liable for a civil penalty |
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of not less than $2,000 or more than $10,000 [$5,000]. |
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(c) Except as provided by Subsection (c-1), if it is found |
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at the trial on a civil penalty that the excavator has violated this |
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chapter and has been assessed a penalty under this section at least |
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two other times before the first anniversary of the date of the most |
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recent violation, or has been assessed a penalty at least one other |
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time before the first anniversary of the date of the most recent |
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violation and has received a warning letter from the board during |
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that period, the excavator is liable for a civil penalty of not less |
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than $2,000 or more than $10,000 [$5,000]. |
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(c-1) If it is found at the trial on a civil penalty that the |
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excavator has violated Section 251.155(d) and has been assessed a |
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penalty under this section at least two other times before the first |
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anniversary of the date of the most recent violation, or has been |
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assessed a penalty at least one other time before the first |
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anniversary of the date of the most recent violation and has |
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received a warning letter from the board during that period, the |
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excavator is liable for a civil penalty of not less than $5,000 or |
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more than $20,000 [$10,000]. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct occurring in violation of Section 251.201, Utilities |
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Code, on or after the effective date of this Act. Conduct occurring |
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in violation of that section before the effective date of this Act |
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is governed by the law in effect on the date the conduct occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |