By Harris                                              S.B. No. 389
       74R963 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to excavation operations that may damage underground
    1-3  facilities; providing civil penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  SHORT TITLE.  This Act may be cited as the
    1-6  Underground Facility Damage Prevention Act.
    1-7        SECTION 2.  DEFINITIONS.  In this Act:
    1-8              (1)  "Corporation" means the Texas Underground Facility
    1-9  Notification Corporation created by this Act.
   1-10              (2)  "Damage" means:
   1-11                    (A)  the defacing, scraping, displacement,
   1-12  penetration, destruction, or partial or complete severance of an
   1-13  underground facility or of any protective coating, housing, or
   1-14  other protective device of an underground facility;
   1-15                    (B)  the weakening of structural or lateral
   1-16  support of an underground facility; or
   1-17                    (C)  the failure to properly replace the backfill
   1-18  covering an underground facility.
   1-19              (3)  "Excavation" means an activity that removes or
   1-20  otherwise disturbs soil from its natural setting by use of
   1-21  explosives or a motor, engine, hydraulic or pneumatically powered
   1-22  tool, or other machine-powered equipment of any kind and includes
   1-23  augering, backfilling, boring, compressing, digging, ditching,
   1-24  drilling, dragging, dredging, grading, mechanical probing,
    2-1  plowing-in, pulling-in, ripping, scraping, trenching, and
    2-2  tunneling.
    2-3              (4)  "Excavator" means a person that excavates or
    2-4  intends to excavate in this state.
    2-5              (5)  "Legal holiday" means a holiday specified as a
    2-6  legal holiday by Subchapter B, Chapter 662, Government Code.
    2-7              (6)  "Mechanized equipment" means equipment operated by
    2-8  mechanical power, including a trencher, bulldozer, power shovel,
    2-9  auger, backhoe, scraper, drill, cable or pipe plow, and other
   2-10  equipment used to plow-in or pull-in cable or pipe.
   2-11              (7)  "Notification system" means the notification
   2-12  system with which the corporation contracts to provide notification
   2-13  services under this Act.
   2-14              (8)  "Operator" means a person that operates an
   2-15  underground facility.
   2-16              (9)  "Person" means an individual, corporation,
   2-17  partnership, association, government or governmental subdivision or
   2-18  agency, or other legal entity.
   2-19              (10)  "Secured facility" means a parcel of land used
   2-20  for commercial or industrial purposes that is surrounded entirely
   2-21  by a fence or other means of preventing access, including a fence
   2-22  with one or more gates that are locked at all times or monitored by
   2-23  a person who can prevent unauthorized access.
   2-24              (11)  "Underground facility" means a line, cable,
   2-25  pipeline, system, or structure that is located partially or totally
   2-26  underground and that is used to produce, store, convey, transmit,
   2-27  or distribute communications, electricity, gas, water, sewage,
    3-1  steam, or liquids such as petroleum, petroleum products, or
    3-2  hazardous liquids.
    3-3        SECTION 3.  EXCEPTIONS.  (a)  The following are not subject
    3-4  to this Act as underground facilities:
    3-5              (1)  an aboveground or underground storage tank, sump,
    3-6  or impoundment, or piping connected to an aboveground or
    3-7  underground storage tank, sump, or impoundment located in the same
    3-8  tract of land as the storage tank, sump, or impoundment;
    3-9              (2)  an underground facility operated by the owner of a
   3-10  secured facility and located entirely within the secured facility;
   3-11              (3)  an underground facility that serves only the owner
   3-12  of the underground facility or the owner's tenant and that is
   3-13  located solely on the owner's property;
   3-14              (4)  piping within a well bore; or
   3-15              (5)  an underground facility if:
   3-16                    (A)  the person that owns an interest in or
   3-17  operates the underground facility also owns or leases or owns a
   3-18  mineral leasehold interest in the real property in which the
   3-19  underground facility is wholly or partially located; and
   3-20                    (B)  the person operates or has authorized the
   3-21  operation of the underground facility only to provide services or
   3-22  materials to the owner, lessee, or mineral leasehold interest
   3-23  owner.
   3-24        (b)  An underground facility is exempted under Subsection
   3-25  (a)(5) of this section only in the area in which it qualifies for
   3-26  the exemption.  A portion of an underground facility that contains
   3-27  predominantly natural gas or hazardous liquids is not exempted
    4-1  under Subsection (a)(5) of this section if the portion is:
    4-2              (1)  located on a mineral lease and within the
    4-3  boundaries of a municipality; or
    4-4              (2)  within a surface or underground easement.
    4-5        (c)  An operator of an underground facility that is exempted
    4-6  under this section may voluntarily register that facility under
    4-7  this Act.
    4-8        SECTION 4.  COMPLIANCE BY PERMIT HOLDERS.  (a)  The fact that
    4-9  a person has a legal permit, permission from the owner of the
   4-10  property or the owner's licensee, or an easement to conduct
   4-11  excavation operations does not affect the person's duty to comply
   4-12  with this Act.
   4-13        (b)  Compliance with this Act does not affect a person's
   4-14  responsibility to obtain a permit required by law.
   4-15        SECTION 5.  TEXAS UNDERGROUND FACILITY NOTIFICATION
   4-16  CORPORATION.  (a)  The Texas Underground Facility Notification
   4-17  Corporation is created to provide statewide notification services
   4-18  under this Act.
   4-19        (b)  The corporation is a public nonprofit corporation and
   4-20  has all the powers and duties incident to a nonprofit corporation
   4-21  under the Texas Non-Profit Corporation Act (Article 1396-1.01, et
   4-22  seq., Vernon's Texas Civil Statutes), except that the corporation:
   4-23              (1)  may not make donations for the public welfare or
   4-24  for charitable, scientific, or educational purposes or in aid of
   4-25  war activities;
   4-26              (2)  is not required to file articles of incorporation;
   4-27              (3)  may not merge or consolidate with another
    5-1  corporation;
    5-2              (4)  is not subject to voluntary or involuntary
    5-3  dissolution;
    5-4              (5)  may not be placed in receivership; and
    5-5              (6)  is not required to make reports to the secretary
    5-6  of state under Article 9.01 of that Act.
    5-7        (c)  The corporation may not disseminate, make available, or
    5-8  otherwise distribute service area map data or information provided
    5-9  by an operator unless that action is necessary to perform the
   5-10  corporation's specific obligations under this Act.
   5-11        (d)  All expenses of the corporation shall be paid from
   5-12  income of the corporation.  Liabilities created by the corporation
   5-13  are not debts of the state, and the corporation may not secure any
   5-14  liability with funds or assets of the state.  Except as provided by
   5-15  Section 7 of this Act, the corporation may not, for any reason,
   5-16  impose an assessment, fee, or other charge, including a charge for
   5-17  inputting data, against an operator.
   5-18        (e)  The corporation member operators are divided into
   5-19  divisions according to type of operator.  The divisions are:
   5-20              (1)  intrastate electric utilities;
   5-21              (2)  interstate electric utilities;
   5-22              (3)  electric cooperative corporations;
   5-23              (4)  local exchange telephone companies that have more
   5-24  than 31,000 access lines in service in this state;
   5-25              (5)  interexchange telecommunications carriers;
   5-26              (6)  telephone cooperative corporations and local
   5-27  exchange telephone companies that have 31,000 or fewer access lines
    6-1  in service in this state;
    6-2              (7)  gas distribution operators;
    6-3              (8)  gas transmission pipeline operators;
    6-4              (9)  liquid pipeline operators;
    6-5              (10)  municipal utility districts and water supply and
    6-6  sewer service corporations;
    6-7              (11)  rural and other water districts;
    6-8              (12)  cable television companies that have fewer than
    6-9  1,000 subscribers;
   6-10              (13)  cable television companies that have 1,000 or
   6-11  more subscribers;
   6-12              (14)  municipalities with a population of less than
   6-13  25,000; and
   6-14              (15)  municipalities with a population of 25,000 or
   6-15  more.
   6-16        (f)  Each division shall elect a representative to serve on
   6-17  the board of directors of the corporation.  Membership is voluntary
   6-18  and a member is not entitled to receive compensation for serving on
   6-19  the board.  Board members serve staggered three-year terms, with
   6-20  the terms of five members expiring annually on August 31.  A board
   6-21  member serves until his successor is elected and has assumed
   6-22  office.  The board may declare a member's office vacant if the
   6-23  member ceases to be associated with an operator included in the
   6-24  electing division.  A vacancy on the board shall be filled by the
   6-25  original electing division for the remainder of the unexpired term.
   6-26        (g)  The board shall elect from among its members a chair and
   6-27  vice chair.  The chair and vice chair serve for a term of one year
    7-1  and may be reelected.
    7-2        (h)  The corporation's by-laws must provide that:
    7-3              (1)  before January 1, 1997, each division is entitled
    7-4  to one vote; and
    7-5              (2)  on or after January 1, 1997, the proportion of the
    7-6  total number of votes to which a division is entitled each year is
    7-7  equal to the ratio that the amount of revenue that the division
    7-8  provided to the corporation during the preceding year bears to the
    7-9  total revenue provided by all divisions to the corporation during
   7-10  the preceding year.
   7-11        (i)  The corporation through a competitive bidding process
   7-12  shall contract with a public or private entity to:
   7-13              (1)  establish a single notification system to serve
   7-14  the entire state;
   7-15              (2)  establish one notification telephone number for
   7-16  use by the entire state;
   7-17              (3)  receive notification of planned excavations and of
   7-18  damage to an underground facility;
   7-19              (4)  disseminate that information to member operators
   7-20  that may be affected by the excavation or damage; and
   7-21              (5)  ensure network reliability (backup).
   7-22        (j)  A vote of at least two-thirds of the total number of
   7-23  votes entitled to be cast is required to accept a bid under
   7-24  Subsection (i) of this section.
   7-25        (k)  The corporation or a member of the corporation is not
   7-26  subject to civil or criminal liability for any act or omission of
   7-27  the notification system.
    8-1        SECTION 6.  DUTY TO JOIN AND PROVIDE INFORMATION.  (a)  Each
    8-2  operator, including a political subdivision of this state, shall
    8-3  join the corporation as a condition of doing business in this
    8-4  state.
    8-5        (b)  Each operator shall provide to the notification system
    8-6  with which the corporation contracts:
    8-7              (1)  maps, or other identifiers approved by the
    8-8  corporation, of each area in which an underground facility of that
    8-9  operator is located;
   8-10              (2)  the name and telephone number of each contact
   8-11  person; and
   8-12              (3)  at least quarterly but, if possible, as those
   8-13  changes occur, information relating to each change in the
   8-14  operator's service area or in a person the operator has designated
   8-15  as a contact person.
   8-16        SECTION 7.  FEES AND RATES.  (a)  Each operator shall pay to
   8-17  the board an initial entry fee of $50.
   8-18        (b)  The notification system shall charge each operator for a
   8-19  call made to the system that affects the operator.  The board shall
   8-20  set the amount of the charge imposed by the system against an
   8-21  affected operator at not more than $1.25 for each call made to the
   8-22  system.  The board may increase the charge only on a vote of at
   8-23  least two-thirds of the total number of votes entitled to be cast.
   8-24        SECTION 8.  NOTIFICATION.  (a)  A person is considered to
   8-25  have provided notification under this Act when a person required to
   8-26  provide notice under this Act delivers the required information and
   8-27  the notification system receives that information within the time
    9-1  limits prescribed by this Act.
    9-2        (b)  A person may deliver information required under this Act
    9-3  by any appropriate method, including the use of any electronic
    9-4  means of data transfer.
    9-5        SECTION 9.  DUTY OF CERTAIN EXCAVATORS.  (a)  Except as
    9-6  provided by Sections 11 and 12 of this Act, a person that intends
    9-7  to excavate on a tract of land shall notify the notification system
    9-8  not earlier than the 14th day before the date or later than the
    9-9  48th hour before the time the excavation is to begin, excluding
   9-10  Saturdays, Sundays, and legal holidays.  The person must again
   9-11  notify the notification system of the intended excavation in
   9-12  accordance with this subsection if the person does not begin the
   9-13  excavation within 14 days after notifying the notification system.
   9-14        (b)  Until the excavation is completed, the excavator must,
   9-15  not later than the 30th day after the last notification, notify the
   9-16  notification system by telephone that the excavator has not
   9-17  completed the excavation.
   9-18        (c)  The notice required under this section shall include:
   9-19              (1)  the name of the person serving the notice;
   9-20              (2)  the specific location of the proposed area of
   9-21  excavation;
   9-22              (3)  the name, address, and telephone number of the
   9-23  excavator or the excavator's company;
   9-24              (4)  the excavator's field telephone number, if one is
   9-25  available;
   9-26              (5)  the starting date and time and the anticipated
   9-27  completion date of excavation;
   10-1              (6)  the type and extent of the proposed work; and
   10-2              (7)  a statement as to whether explosives will be used.
   10-3        (d)  If the operator notifies the excavator that the operator
   10-4  wants to have a representative present during the excavation, the
   10-5  excavator shall provide to the operator notice of intended
   10-6  excavation not later than 24 hours before the time excavation will
   10-7  begin.  The excavator may not begin excavation before the end of
   10-8  the 24-hour period unless the operator expressly approves an
   10-9  earlier time.
  10-10        SECTION 10.  PRECAUTIONS TO AVOID DAMAGE TO FACILITIES.  (a)
  10-11  In addition to providing the notice required by Section 9 of this
  10-12  Act, the excavator shall:
  10-13              (1)  plan the excavation to avoid damage to an
  10-14  underground facility that is in or near the excavation area, taking
  10-15  into consideration any necessary precautions identified by the
  10-16  operator;
  10-17              (2)  maintain a clearance between the underground
  10-18  facility and the cutting edge or point of mechanized equipment that
  10-19  is reasonably necessary to avoid damage to the facility, as
  10-20  provided by Subsection (b) of this section;
  10-21              (3)  provide support for an underground facility that
  10-22  is reasonably necessary to protect the facility during the
  10-23  excavation, including any backfill operations; and
  10-24              (4)  protect and preserve during excavation the marking
  10-25  of the location of the underground facility until the marking is
  10-26  not necessary for reasonably safe excavation.
  10-27        (b)  An excavator shall consider the known limit of control
   11-1  of the cutting edge or point of a piece of mechanized equipment in
   11-2  determining the necessary clearance that must be maintained with
   11-3  uncovered surfaces and paved surfaces.  The excavator shall use a
   11-4  clearance of not less than 24 inches from the outer edge of the
   11-5  operator's marks, unless the operator agrees in writing that a
   11-6  smaller clearance can safely be used.  However, the operator may
   11-7  not without reason withhold an agreement to use a smaller clearance
   11-8  if the clearance is reasonable.  In determining if the clearance is
   11-9  reasonable, the operator may consider the method of excavation to
  11-10  be used and the potential for damage, service interruption, and
  11-11  loss of revenue.
  11-12        (c)  The excavator shall notify the operator if the
  11-13  operator's underground facility is covered by concrete or asphalt
  11-14  that is not an integral part of the underground facility system.
  11-15  The excavator may use mechanized equipment to penetrate and
  11-16  dislodge the concrete or asphalt, but only until dirt, rock, or
  11-17  other natural material is exposed.  After dirt, rock, or other
  11-18  natural material is exposed, the operator may direct the excavator
  11-19  to use one or more specific reasonable methods to expose the
  11-20  facility.  If the operator does not direct the use of a specific
  11-21  method, the excavator shall proceed under the conditions of
  11-22  hand-digging within the 24-inch clearance prescribed by Subsection
  11-23  (b) of this section.
  11-24        SECTION 11.  EXCEPTION IN CASE OF EMERGENCY.  (a)  Section 9
  11-25  of this Act does not apply to an emergency excavation that is
  11-26  necessary to respond to a situation that endangers life, health, or
  11-27  property or a situation in which the public need for service
   12-1  compels immediate action.
   12-2        (b)  The excavator may begin emergency excavation under
   12-3  Subsection (a) of this section immediately and shall take
   12-4  reasonable precautions to protect underground facilities.
   12-5        (c)  When an emergency exists, the excavator shall notify the
   12-6  notification system by telephone as soon before the start of
   12-7  excavation as reasonably possible.
   12-8        SECTION 12.  OTHER EXCEPTIONS TO DUTY OF EXCAVATORS.  Section
   12-9  9 of this Act does not apply to:
  12-10              (1)  a person who excavates 18 inches or less using
  12-11  hand tools on a homeowner's residential lot;
  12-12              (2)  plowing, cultivating, planting, harvesting,
  12-13  repairing or installing drainage tile or ditches, terracing,
  12-14  installing or dredging of a farm pond, or similar activities in
  12-15  connection with agricultural operations if the ground is not
  12-16  disturbed at a depth of more than 18 inches;
  12-17              (3)  interment operations at a cemetery where
  12-18  underground facilities have been identified and located;
  12-19              (4)  operations associated with the exploration or
  12-20  production of oil and gas if the operations are not conducted
  12-21  within an underground facility easement or right-of-way;
  12-22              (5)  excavations by or for a person that:
  12-23                    (A)  owns or leases or owns a mineral leasehold
  12-24  interest in the real property on which the excavation occurs; and
  12-25                    (B)  operates all underground facilities located
  12-26  at the excavation site; and
  12-27              (6)  operations at a secured facility if:
   13-1                    (A)  the excavator operates each underground
   13-2  facility at the secured facility, other than those within a third
   13-3  party underground facility easement or right-of-way; or
   13-4                    (B)  the excavation activity is not within a
   13-5  third party underground facility or right-of-way.
   13-6        SECTION 13.  DUTY OF NOTIFICATION SYSTEM.  (a)  When the
   13-7  notification system receives a call from an excavator, the
   13-8  notification system shall provide to the excavator the name of each
   13-9  member to which notice will be provided under Subsection (b) of
  13-10  this section.
  13-11        (b)  Not later than two hours after the time the notification
  13-12  system receives a notice of intent to excavate from an excavator,
  13-13  the system shall notify each operator that may have an underground
  13-14  facility in the vicinity of the proposed excavation operation.  If
  13-15  the notification system receives after 4 p.m. or on a Saturday,
  13-16  Sunday, or legal holiday a notice of intent to excavate, the
  13-17  notification system shall provide the notification required by this
  13-18  subsection as soon as possible, but not later than 10 a.m. on the
  13-19  first succeeding day that is not a Saturday, Sunday, or legal
  13-20  holiday.
  13-21        (c)  The notification system shall:
  13-22              (1)  operate 24 hours a day every day of the year;
  13-23              (2)  operate a statewide toll-free telephone number;
  13-24  and
  13-25              (3)  have the capability to receive emergency
  13-26  information 24 hours a day from excavators and to disseminate the
  13-27  information to the appropriate operators as soon as the system
   14-1  receives the information.
   14-2        (d)  The notification system shall maintain for not less than
   14-3  four years a record to document:
   14-4              (1)  the receipt of a notice of intent to excavate;
   14-5              (2)  the information the excavator is required to
   14-6  provide under Section 9(c) of this Act;
   14-7              (3)  contact with operators; and
   14-8              (4)  the information the notification system provided
   14-9  to the excavator.
  14-10        (e)  The notification system may not destroy records that
  14-11  relate to any matter that is involved in litigation if the system
  14-12  knows the litigation has not been finally resolved.
  14-13        (f)  The notification system shall make the records available
  14-14  for inspection by excavators and operators, or their
  14-15  representatives, during normal business hours.
  14-16        (g)  The notification system shall, at all times, maintain a
  14-17  minimum of $5 million professional liability and errors and
  14-18  omissions insurance to cover duties prescribed by this Act.
  14-19        (h)  The notification system shall develop public service
  14-20  announcements, as directed and approved by the corporation, to
  14-21  educate the public about the one-call notification system and its
  14-22  availability.  The operators may make the announcements in
  14-23  conjunction with the operators' public education and awareness
  14-24  programs.
  14-25        SECTION 14.  DUTY OF OPERATOR TO PERSON EXCAVATING.  (a)  Not
  14-26  later than the 48th hour after the time the excavator gives to the
  14-27  notification system notice of intent to excavate, excluding
   15-1  Saturdays, Sundays, and legal holidays, or at a time mutually
   15-2  agreed to by the excavator and the  operator contacted by the
   15-3  notification system, the operator shall locate and mark the
   15-4  approximate location of its underground facilities at or near the
   15-5  site of the proposed excavation if the operator believes that
   15-6  locating and marking the location is necessary.  The excavator and
   15-7  the operator are encouraged to cooperate in the event of special
   15-8  unforeseen circumstances.
   15-9        (b)  For the purposes of this section, an excavator may
  15-10  presume, unless the operator advises otherwise, that the marking of
  15-11  an approximate location of an underground facility is within 18
  15-12  inches on either side of the underground facility.
  15-13        (c)  An operator shall refer to the American Public Works
  15-14  Association color coding standards when marking.
  15-15        SECTION 15.  DUTY OF OPERATOR IN EVENT OF EXTRAORDINARY
  15-16  CIRCUMSTANCES.  (a)  The deadline prescribed by Section 14(a) of
  15-17  this Act does not apply if the operator experiences extraordinary
  15-18  circumstances, such as an act of God, a tornado, a hurricane, an
  15-19  ice storm, a severe flood, a war, or a riot, that are beyond the
  15-20  operator's control and that limit personnel or resources needed to
  15-21  fulfill its obligations under this Act.
  15-22        (b)  The operator shall notify the notification system of the
  15-23  extraordinary circumstances and shall include in the notification:
  15-24              (1)  the nature of the extraordinary circumstances;
  15-25              (2)  the expected duration of the situation and the
  15-26  approximate time at which the operator will be able to resume
  15-27  location request activities; and
   16-1              (3)  the name and telephone number of the individual
   16-2  that the notification system can contact if there is an emergency
   16-3  that requires the operator's immediate attention.
   16-4        (c)  In addition to the notification required by Subsection
   16-5  (b) of this section, the operator shall also notify each excavator
   16-6  that has a pending location request and shall include in the
   16-7  notification:
   16-8              (1)  the fact that the operator is experiencing
   16-9  extraordinary circumstances; and
  16-10              (2)  the approximate time at which the operator will
  16-11  mark the requested location.
  16-12        (d)  The notification system shall inform each excavator
  16-13  notifying the system under Section 9 of this Act that the
  16-14  operator's location request activities are suspended until the
  16-15  extraordinary circumstances have discontinued or have been
  16-16  corrected.
  16-17        SECTION 16.  EXCAVATION DAMAGE.  (a)  If an excavation
  16-18  operation results in damage to an underground facility, the
  16-19  excavator shall immediately contact the facility operator and the
  16-20  notification system to report the damage.
  16-21        (b)  The notification system shall immediately notify by
  16-22  telephone each operator that has underground facilities in or near
  16-23  the area in which the damage occurred.
  16-24        (c)  Only the operator or a person authorized by the operator
  16-25  may perform repairs.
  16-26        (d)  An excavator shall delay backfilling in the immediate
  16-27  area of the damage until the damage is repaired unless the operator
   17-1  authorizes the backfilling.
   17-2        (e)  If damage endangers life, health, or property because of
   17-3  the presence of flammable material, the excavator shall keep
   17-4  sources of ignition away.
   17-5        SECTION 17.  INJUNCTION.  (a)  An operator may file an action
   17-6  in a district court for an injunction to enjoin excavation
   17-7  conducted in violation of this Act.
   17-8        (b)  Venue for a suit brought under this section is in a
   17-9  county in which all or part of the excavation occurs.
  17-10        SECTION 18.  CIVIL PENALTY.  (a)  An excavator that violates
  17-11  this Act is liable for a civil penalty of not less than $250 or
  17-12  more than $1,000.  If it is found at the hearing on a civil penalty
  17-13  that the excavator has violated this Act and has been assessed a
  17-14  penalty under this section one other time during the three years
  17-15  preceding the date of the most recent violation, the excavator is
  17-16  liable for a civil penalty of not less than $1,000 or more than
  17-17  $2,000.  If it is found at the hearing on a civil penalty that the
  17-18  excavator has violated this Act and has been assessed a penalty
  17-19  under this section at least two other times during the three years
  17-20  preceding the date of the most recent violation, the excavator is
  17-21  liable for a civil penalty of not less than $2,000 or more than
  17-22  $5,000.
  17-23        (b)  Venue for a cause of action under this section is in:
  17-24              (1)  the county in which all or part of the alleged
  17-25  violation occurred;
  17-26              (2)  the county in which the defendant has its
  17-27  principal place of business in this state; or
   18-1              (3)  the county in which the defendant resides, if in
   18-2  this state.
   18-3        (c)  The appropriate county attorney or criminal district
   18-4  attorney shall bring the action to recover the civil penalty at the
   18-5  request of an operator of an underground facility.
   18-6        (d)  If it is found that a violation of this Act occurred
   18-7  entirely in an area that is not within a municipality's corporate
   18-8  limits:
   18-9              (1)  25 percent of the civil penalty collected under
  18-10  this section shall be transferred to the county treasurer of the
  18-11  county in which all or a majority of the violation occurred; and
  18-12              (2)  75 percent of the civil penalty collected under
  18-13  this section shall be transferred to the corporation.
  18-14        (e)  If it is found that a violation of this Act occurred
  18-15  entirely or partially in an area that is within the corporate
  18-16  limits of a municipality:
  18-17              (1)  50 percent of the civil penalty collected under
  18-18  this section shall be transferred to the corporation;
  18-19              (2)  25 percent of the civil penalty collected under
  18-20  this section shall be transferred to that municipality's treasurer;
  18-21  and
  18-22              (3)  25 percent of the civil penalty collected under
  18-23  this section shall be transferred to the county treasurer of the
  18-24  county in which all or a majority of the violation occurred.
  18-25        (f)  The county treasurer shall deposit all money received
  18-26  under this section in a special fund.  The office of the county
  18-27  attorney or of the criminal district attorney shall administer the
   19-1  fund.
   19-2        (g)  The municipal treasurer shall deposit all money received
   19-3  under this section in a special fund or in the municipality's
   19-4  general fund.
   19-5        (h)  The corporation shall use money received under this
   19-6  section to develop public service announcements for the
   19-7  notification system as prescribed by Section 13(h) of this Act.
   19-8        SECTION 19.  EFFECT ON OTHER REMEDIES.  This Act does not
   19-9  affect any civil remedies for personal injury or property damage
  19-10  except as otherwise specifically provided by this Act.
  19-11        SECTION 20.  INITIAL CORPORATION BOARD.  (a)  Not later than
  19-12  January 1, 1996, each division of the Texas Underground Facility
  19-13  Notification Corporation shall elect a representative to serve on
  19-14  the board.  After the initial election:
  19-15              (1)  the members elected from the intrastate electric
  19-16  utilities, interstate electric utilities, and electric cooperative
  19-17  corporations shall draw lots to determine which member shall serve
  19-18  a term expiring August 31, 1997, which member shall serve a term
  19-19  expiring August 31, 1998, and which member shall serve a term
  19-20  expiring August 31, 1999;
  19-21              (2)  the members elected from the local exchange
  19-22  telephone companies that have more than 31,000 access lines in
  19-23  service in this state, interexchange telecommunications carriers,
  19-24  and telephone cooperative corporations and local exchange telephone
  19-25  companies that have 31,000 or fewer access lines in service in this
  19-26  state shall draw lots to determine which member shall serve a term
  19-27  expiring August 31, 1997, which member shall serve a term expiring
   20-1  August 31, 1998, and which member shall serve a term expiring
   20-2  August 31, 1999;
   20-3              (3)  the members elected from the gas distribution
   20-4  operators, gas  transmission pipeline operators, and liquid
   20-5  pipeline operators shall draw lots to determine which member shall
   20-6  serve a term expiring August 31, 1997, which member shall serve a
   20-7  term expiring August 31, 1998, and which member shall serve a term
   20-8  expiring August 31, 1999;
   20-9              (4)  the members elected from the municipal utility
  20-10  districts and water supply and sewer service corporations, rural
  20-11  and other water districts, and cable television companies that have
  20-12  fewer than 1,000 subscribers shall draw lots to determine which
  20-13  member shall serve a term expiring August 31, 1997, which member
  20-14  shall serve a term expiring August 31, 1998, and which member shall
  20-15  serve a term expiring August 31, 1999; and
  20-16              (5)  the members elected from the cable television
  20-17  companies that have 1,000 or more subscribers, municipalities with
  20-18  a population of less than 25,000, and municipalities with a
  20-19  population of 25,000 or more shall draw lots to determine which
  20-20  member shall serve a term expiring August 31, 1997, which member
  20-21  shall serve a term expiring August 31, 1998, and which member shall
  20-22  serve a term expiring August 31, 1999.
  20-23        (b)  If a division does not elect a representative by January
  20-24  1, 1996, the office  allocated to that division is considered
  20-25  vacant and shall be filled as soon as possible by that division for
  20-26  the remainder of the unexpired term.
  20-27        (c)  The board of the Texas Underground Facility Notification
   21-1  Corporation shall hold its first meeting on January 15, 1996.
   21-2        SECTION 21.  EFFECTIVE DATE.  (a)  This Act takes effect
   21-3  September 1, 1995.
   21-4        (b)  The notification system shall begin operating not later
   21-5  than January 1, 1997.
   21-6        (c)  Each operator shall pay the initial entry fee required
   21-7  by Section 7 of this Act not later than January 1, 1996.
   21-8        SECTION 22.  EMERGENCY.  The importance of this legislation
   21-9  and the crowded condition of the calendars in both houses create an
  21-10  emergency and an imperative public necessity that the
  21-11  constitutional rule requiring bills to be read on three several
  21-12  days in each house be suspended, and this rule is hereby suspended.