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.