Relating to work, an activity, or a function performed near a high voltage overhead line.

89(R) HB 3004 - House Committee Report version - Bill Text

89R20488 CS-F

By: Spiller

H.B. No. 3004

Substitute the following for H.B. No. 3004:

By: Hayes

C.S.H.B. No. 3004

A BILL TO BE ENTITLED

AN ACT

relating to work, an activity, or a function performed near a high

voltage overhead line.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.014(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person may appeal from an interlocutory order of a

district court, county court at law, statutory probate court, or

county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that

appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit

brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants

or overrules a motion to dissolve a temporary injunction as

provided by Chapter 65;

(5) denies a motion for summary judgment that is based

on an assertion of immunity by an individual who is an officer or

employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based

in whole or in part upon a claim against or defense by a member of

the electronic or print media, acting in such capacity, or a person

whose communication appears in or is published by the electronic or

print media, arising under the free speech or free press clause of

the First Amendment to the United States Constitution, or Article

I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a

defendant under Rule 120a, Texas Rules of Civil Procedure, except

in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a

governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion

under Section 74.351(b), except that an appeal may not be taken from

an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section

74.351(l);

(11) denies a motion to dismiss filed under Section

90.007;

(12) denies a motion to dismiss filed under Section

27.003;

(13) denies a motion for summary judgment filed by an

electric utility regarding liability in a suit subject to Section

75.0022;

(14) denies a motion filed by a municipality with a

population of 500,000 or more in an action filed under Section

54.012(6) or 214.0012, Local Government Code;

(15) makes a preliminary determination on a claim

under Section 74.353;

(16) overrules an objection filed under Section

148.003(d) or denies all or part of the relief sought by a motion

under Section 148.003(f); [
or
]

(17) grants or denies a motion for summary judgment

filed by a contractor based on Section 97.002
; or

(18)

grants or denies a motion for summary judgment or

dismissal based on Section 752.008, Health and Safety Code
.

SECTION 2. Section 752.001, Health and Safety Code, is

amended by amending Subdivision (2) and adding Subdivision (3) to

read as follows:

(2) "Overhead line" means
:

(A)
a bare or insulated electrical conductor

installed above ground
other than
[
but does not include
] a

conductor that is
:

(i)
de-energized and grounded
;
or

(ii)
[
that is
] enclosed in a rigid metallic

conduit
; and

(B)

overhead energized equipment that supports

the transmission or distribution of electricity
.

(3)

"Electric utility" has the meaning assigned by

Section 31.002, Utilities Code.

SECTION 3. Chapter 752, Health and Safety Code, is amended

by adding Section 752.0015 to read as follows:

Sec.

752.0015.

RESPONSIBLE PERSON. In this chapter, a

person is considered to be responsible for work, an activity, or a

function if the person:

(1) performs the work, activity, or function;

(2)

employs, retains, or hires a person to perform

work, an activity, or a function, including a contractor or

subcontractor; or

(3)

is an employee, agent, contractor, subcontractor,

or independent contractor involved in the work, activity, or

function.

SECTION 4. Section 752.002, Health and Safety Code, is

amended to read as follows:

Sec. 752.002.
EXEMPTIONS
[
EXEMPTION FOR CERTAIN EMPLOYEES

AND ACTIVITIES
]. (a) This chapter does not apply to the

construction, reconstruction, operation, or maintenance by an

authorized person of overhead electrical or communication circuits

or conductors and their supporting structures and associated

equipment that are part of a rail transportation system, an

electrical generating, transmission, or distribution system, or a

communication system.

(b) In this section, "authorized person" means:

(1)
a person directly or indirectly employed,

retained, or hired by
[
an employee of a light and power company,
] an

electric cooperative,
an electric utility,
or a municipality

performing work, an activity, or a function on or near the

cooperative's, utility's, or municipality's
[
working on his

employer's
] electrical system
, including a high voltage overhead

line
;

(2) an employee of a transportation system working on

the system's electrical circuits;

(3) an employee of a communication utility;

(4) an employee of a state, county, or municipal

agency that has authorized circuit construction on the poles or

structures that belong to [
an electric power company,
] an electric

cooperative,
an electric utility,
a municipal or transportation

system, or a communication system;

(5) an employee of an industrial plant who works on the

plant's electrical system; or

(6) an employee of an electrical or communications

contractor who is working under the contractor's supervision.

(c)

Except as provided by Section 752.005, this chapter does

not apply to a vehicle being operated in the normal and reasonable

movement of traffic.

SECTION 5. Section 752.003, Health and Safety Code, is

amended by amending Subsections (a), (b), and (c) and adding

Subsection (e) to read as follows:

(a) A person [
, firm, corporation, or association
]

responsible for temporary work
,
[
or
] a temporary activity
,
or
a

temporary
function
to be performed
closer to a high voltage

overhead line than the distances prescribed by this chapter
shall

[
must
] notify the operator of the line at least 48 hours before the

work
, activity, or function
begins.

(b) A person
described by Subsection (a)
[
, firm,

corporation, or association
] may not begin the work, activity, or

function [
under this section
] until the person[
, firm, corporation,

or association responsible for the work, activity, or function
] and

the owner or operator, or both, of the high voltage overhead line

have negotiated a satisfactory mutual arrangement to provide

temporary de-energization and grounding, temporary relocation or

raising of the line, or temporary mechanical barriers to separate

and prevent contact between the line and the material or equipment

or the person performing the work, activity, or function.
If more

than one person is responsible for the work, activity, or function,

a representative of all the responsible persons may negotiate the

arrangement.

(c)
A
[
The
] person
described by Subsection (a)
[
, firm,

corporation, or association responsible for the work, activity, or

function
] shall pay the operator of the high voltage overhead line

the actual expense incurred by the operator in providing the

clearance prescribed in the agreement. The operator may require

payment in advance and is not required to provide the clearance

until the person[
, firm, corporation, or association responsible

for the work, activity, or function
] makes the payment.

(e)

Each person responsible for the work, activity, or

function under this section shall ensure that the requirements of

this section are complete before beginning the work, activity, or

function.

SECTION 6. Section 752.004, Health and Safety Code, is

amended to read as follows:

Sec. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a)

Unless a person
responsible for work, an activity, or a function

described by Section 752.003
[
, firm, corporation, or association
]

effectively guards against danger by contact with the line as

prescribed by Section 752.003, the person[
, firm, corporation, or

association, either individually or through an agent or employee,
]

may not perform
any work,
[
a function or
] activity
, or function
on

land, a building, a highway, or other premises if at any time it is

possible that the person [
performing the function or activity
] may:

(1) move or be placed within
10
[
six
] feet of a high

voltage overhead line while performing the
work,
[
function or
]

activity
, or function
; or

(2)
move
[
bring
] any part of
an object
[
a tool,

equipment, machine,
] or material within
10
[
six
] feet of a high

voltage overhead line while performing
the work, activity, or

function, regardless of whether the object or material was already

within 10 feet of the high voltage overhead line before the work,

activity, or function began
[
the function or activity
].

(b) A person
responsible for the work, activity, or

function
[
, firm, corporation, or association
] may not require an

employee
, agent, subcontractor, or independent contractor
to

perform
any work,
[
a function or
] activity
, or function
prohibited

by Subsection (a).

SECTION 7. Section 752.005, Health and Safety Code, is

amended to read as follows:

Sec. 752.005. RESTRICTION ON OPERATION OF MACHINERY AND

PLACEMENT OF STRUCTURES NEAR LINES. Unless a person
responsible

for work, an activity, or a function described by Section 752.003
[
,

firm, corporation, or association
] effectively guards against

danger by contact with the line as prescribed by Section 752.003,

the person[
, firm, corporation, or association, either

individually or through an agent or employee,
] may not:

(1) erect, install, transport, or store all or any

part of a house, building, or other structure within
10
[
six
] feet

of a high voltage overhead line;

(2) install, operate, transport, handle, or store all

or any part of a tool, machine, or equipment within
10
[
six
] feet of

a high voltage overhead line; or

(3) transport, handle,
move,
or store all or any part

of
any object
[
supplies
] or materials within
10
[
six
] feet of a high

voltage overhead line.

SECTION 8. Section 752.007(a), Health and Safety Code, is

amended to read as follows:

(a) A person [
, firm, corporation, or association or an

agent or employee of a person, firm, corporation, or association
]

commits an offense if the person[
, firm, corporation, association,

agent, or employee
] violates this chapter.

SECTION 9. Section 752.008, Health and Safety Code, is

amended to read as follows:

Sec. 752.008. LIABILITY FOR DAMAGES. If a violation of this

chapter results in physical or electrical contact with a high

voltage overhead line,
all persons responsible for the work,

activity, or function:

(1) are jointly and severally
[
the person, firm,

corporation, or association that committed the violation is
] liable

to the owner or operator of the line for all damages to the

facilities and for all liability that the owner or operator incurs

as a result of the contact
, including all defense and

indemnification costs; and

(2)

are barred from recovery of damages in tort from

the owner or operator of the line for any injuries or damages

associated with the contact
.

SECTION 10. The changes in law made by this Act apply only

to a cause of action that accrues on or after the effective date of

this Act. A cause of action that accrued before the effective date

of this Act is governed by the law as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 11. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.