HB3004 - Relating to work, an activity, or a function performed near a high voltage overhead line.

  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 [Text truncated for display. Full text available on Congress.gov.]