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.