HBA-CMT H.B. 2391 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2391 By: Turner, Bob Public Safety 7/10/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, the Texas Underground Facility Notification Corporation (corporation) received one cent each time a notification center received a call from an excavator. The corporation was required to waive the one cent fee if the revenue from collecting those fees exceeded $500,000 within that year. Additionally an excavator was charged penalties for violating the Underground Facility Damage Prevention and Safety Act. House Bill 2391 increases the fee to five cents per call, lowers the cap to $250,000, and increases the amount of financial penalties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2391 amends the Utilities Code to increase the required payment by a notification center to the Texas Underground Facility Notification Corporation (corporation) from one cent to five cents each time a notification center receives a call from an excavator reporting an intent to excavate. The bill reduces the cap for the point at which the corporation is required to waive the five cent charge for the remainder of the year from $500,000 to $250,000. The bill increases the civil penalty for an excavator that violates the notification requirements or that damages an underground facility during excavation from not less than $50 or more than $100 to not less than $500 or more than $1,000. The bill provides that if a county or district attorney decides not to bring an action to recover the civil penalty, the board of directors of the corporation (board) may give the excavator a warning letter and require the excavator to attend a safety training course approved by the board. The bill requires the county or district attorney to notify the board of its decision on whether the attorney will pursue the civil penalty against an excavator. The bill increases the dollar amount of civil penalties assessed by a factor of ten for each successive violation by an excavator. The bill requires the board to establish a procedure to ensure that the board verifies that an excavator has violated provisions pertaining to the notification duties of an excavator, information included in such a notice, or procedures to follow when a facility is damaged before giving the excavator a warning letter requiring the excavator to attend a safety training course. The bill requires the board to solicit and consider advice and recommendations from excavators in establishing or approving a safety training course that an excavator may be required to attend. EFFECTIVE DATE September 1, 2001.