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.