Relating to excavation for the installation of buried fiber-optic cable.

89(R) HB 3213 - Introduced version - Bill Text

89R5115 CS-D

By: Dean

H.B. No. 3213

A BILL TO BE ENTITLED

AN ACT

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
[
$500
]

or more than
$5,000
[
$1,000
]. 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 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

[
$1,000
] or more than
$8,000
[
$2,000
].

(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
[
$2,000
] or more than
$10,000
[
$5,000
].

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.