S.B. No. 1217

	AN ACT
	relating to an excavator's duty to notify a notification center
	before excavating; providing civil and criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 251.155, Utilities Code, is amended to
	read as follows:
	Sec. 251.155.  EXCEPTION IN CASE OF EMERGENCY; OFFENSE.
	(a)  Section 251.151 does not apply to an emergency excavation that
	is necessary to respond to a situation that endangers life, health,
	or property or a situation in which the public need for
	uninterrupted service and immediate reestablishment of service if
	service is interrupted compels immediate action.
	(b)  The excavator may begin emergency excavation under
	Subsection (a) immediately and shall take reasonable care
	[precautions] to protect underground facilities.
	(c)  When an emergency exists, the excavator shall notify a
	notification center as promptly as practicably [reasonably]
	possible.
	(d)  An excavator may not misrepresent a fact or circumstance
	used in the determination of an emergency excavation under
	Subsection (a).  A person that violates this subsection is subject
	to a penalty under:
	(1)  Section 251.201;
	(2)  Section 251.203; or
	(3)  both Section 251.201 and Section 251.203.
	SECTION 2.  Section 251.201, Utilities Code, is amended by
	adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
	(b) and (c) 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
	$2,000.  If a county attorney or district 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 [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 $2,000.
	(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 $5,000.
	(c)  Except as provided by Subsection (c-1), if  [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 $5,000.
	(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 $10,000.
	SECTION 3.  The heading to Section 251.203, Utilities Code,
	is amended to read as follows:
	Sec. 251.203.  CRIMINAL PENALTY [FOR REMOVAL, DAMAGE, OR
	CONCEALMENT OF MARKER OR SIGN].
	SECTION 4.  Section 251.203, Utilities Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  A person commits an offense if the person
	intentionally or recklessly violates Section 251.155(d).
	SECTION 5.  The changes in law made by this Act apply only to
	conduct occurring on or after the effective date of this Act.
	Conduct occurring 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 6.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1217 passed the Senate on
	April 19, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1217 passed the House on
	May 13, 2011, by the following vote:  Yeas 138, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor