Bill Text: TX HB3213 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to excavation for the installation of buried fiber-optic cable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-24 - Filed [HB3213 Detail]
Download: Texas-2025-HB3213-Introduced.html
| 89R5115 CS-D | ||
| By: Dean | H.B. No. 3213 | |
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| relating to excavation for the installation of buried fiber-optic | ||
| cable. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 251.151, Utilities Code, is amended by | ||
| adding Subsections (d) and (e) to read as follows: | ||
| (d) A person who intends to excavate for the purpose of | ||
| installing fiber-optic cable infrastructure shall provide a map of | ||
| the proposed fiber-optic cable infrastructure to: | ||
| (1) a municipality if the excavation will take place | ||
| in a right-of-way of the municipality; and | ||
| (2) a county if the excavation will take place in a | ||
| right-of-way of the county. | ||
| (e) The map required by Subsection (d) must be provided to | ||
| the municipality or county before the date the excavation begins. A | ||
| municipality or county may prescribe the format of the map and the | ||
| geographic area that must be included in the map. | ||
| SECTION 2. Sections 251.201(a), (b), and (c), Utilities | ||
| Code, are amended to read as follows: | ||
| (a) An excavator that violates Section 251.151, 251.152, or | ||
| 251.159 is liable for a civil penalty of not less than $2,000 [ |
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| or more than $5,000 [ |
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| 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 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 $5,000 | ||
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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 $8,000 [ |
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| SECTION 3. The heading to Subchapter E, Chapter 251, | ||
| Utilities Code, is amended to read as follows: | ||
| SUBCHAPTER E. PENALTIES AND REMEDIES | ||
| SECTION 4. Subchapter E, Chapter 251, Utilities Code, is | ||
| amended by adding Section 251.204 to read as follows: | ||
| Sec. 251.204. CIVIL LIABILITY. (a) An excavator whose | ||
| excavation results in damage to an underground facility owned by a | ||
| municipality or a county is liable to the owner or operator of the | ||
| underground facility for damages arising from that conduct. | ||
| (b) It is not a defense to liability under this section that | ||
| a county attorney or district attorney declined to bring an action | ||
| against the excavator to recover a civil penalty under Section | ||
| 251.201 for the conduct that is alleged to give rise to liability | ||
| under this section. | ||
| (c) Venue for a civil action brought under this section is | ||
| determined on the same basis as the venue for a proceeding under | ||
| Section 251.201(e). | ||
| (d) A civil action under this section is in addition to any | ||
| other procedure or remedy provided by law, including Section | ||
| 251.201. | ||
| SECTION 5. Section 251.204, Utilities Code, as added by | ||
| this Act, applies only to a cause of action that accrues on or after | ||
| the effective date of this Act. | ||
| SECTION 6. This Act takes effect September 1, 2025. | ||
