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A BILL TO BE ENTITLED
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AN ACT
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relating to information required to be provided to the public about |
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planned excavations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.151, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsections (d) and (e) to read |
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as follows: |
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(a) Except as provided by Sections 251.155 and 251.156, a |
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person who intends to excavate shall, [notify a notification |
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center] not earlier than the 14th day before the date the excavation |
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is to begin or later than the 48th hour before the time the |
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excavation is to begin, excluding Saturdays, Sundays, and legal |
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holidays: |
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(1) notify a notification center; and |
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(2) place at least one temporary sign at or near the |
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excavation site that displays the information required to be |
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included in the notice under Section 251.152. |
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(d) An excavator may place a sign described by Subsection |
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(a) only: |
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(1) on property the owner of which has consented to the |
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placement; |
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(2) on a public highway in a location that does not |
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obstruct traffic; or |
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(3) on a street lamp or utility sign, pole, or fixture. |
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(e) An excavator may not remove a sign described by |
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Subsection (a) until the excavation is complete. |
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SECTION 2. Section 251.152, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The |
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excavator shall include in the notice required under Section |
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251.151: |
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(1) the name of the person serving the notice; |
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(2) the location of the proposed area of excavation, |
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including: |
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(A) the street address, if available, and the |
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location of the excavation at the street address; or |
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(B) if there is no street address, an accurate |
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description of the excavation area using any available designations |
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such as the closest street, road, or intersection; |
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(3) the name, address, and telephone number of the |
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excavator or the excavator's company; |
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(4) the excavator's field telephone number, if one is |
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available; |
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(5) a telephone facsimile number, e-mail address, or |
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another electronic number or address approved by the board to which |
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an operator may send the notification required by Section |
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251.157(d); |
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(6) a telephone number or e-mail address a person can |
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use to submit questions or complaints concerning the excavation; |
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(7) the starting date and time and the anticipated |
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completion date of excavation; and |
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(8) [(7)] a statement as to whether explosives will be |
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used. |
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SECTION 3. Section 251.153, Utilities Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) Not later than 48 hours after the time a notification |
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center receives a notice of intent to excavate from an excavator or |
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from a different notification center, excluding Saturdays, |
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Sundays, and legal holidays, the notification center shall provide |
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to each owner of property in the vicinity of the proposed excavation |
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operation the information provided to the notification center by |
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the excavator under Section 251.152. |
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(e) This subsection applies only to an excavation site in a |
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county with a population of less than 100,000. Not later than 48 |
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hours after the time a notification center receives a notice of |
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intent to excavate from an excavator or from a different |
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notification center, excluding Saturdays, Sundays, and legal |
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holidays, the notification center shall provide to the county judge |
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of the county in which the excavation site is located the |
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information provided to the notification center by the excavator |
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under Section 251.152. |
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SECTION 4. This Act takes effect September 1, 2023. |