JWW C.S.H.B. 2295 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 2295
By: Oakley
3-24-97
Committee Report (Substituted)



BACKGROUND 

Currently, a person or business that excavates in Texas is not required to
determine if any underground facilities are beneath the proposed
excavation site.  Furthermore, an excavator is not required to report any
damage they may cause.  Underground utilities report large product/service
losses each year from accidental damage to service lines.  These same
utilities point to the lack of a single, centralized system for verifying
the location of buried service lines as a probable reason for the large
amount of service line damage in Texas. 

The term "one-call system" has come to symbolize a utility protection
program that enables citizens and businesses alike to verify the location
of underground utility lines with a single call made prior to digging.
Texas is one of two states that does not have a one-call system. 

Statistics show that excavation work is responsible for 45% of pipeline
failures, making thirdparty damage or outside force damages the leading
cause of all ruptures.  Furthermore, more than 250,000 Texans each year
lose total phone service or access to long distance service due to
underground facilities that are cut by excavators who fail to call for
information.  A half-inch fiber optic cable cut can disrupt service to
thousands of citizens and cut off whole communities from vital 911
service.  Nearly 200,000 Texans lose access to 911 service each year due
to cable cuts.  Texas leads the nation in  FCC reportable telephone cable
cuts with 20% of all outages nation wide.. Other underground utilities
suffer similar losses each year in terms of service/product lost. 

Although several dial-before-you-dig centers offer notification services
in Texas today, these are region-wide centers, and lack information
regarding the location of many utility lines.  As a result, lines continue
to be cut and critical services interrupted, especially in highly
populated areas.  These cuts occur because excavators are not required to
call before they dig.  In addition, when excavators do call one of these
notifications centers, the center only notifies underground facility
operators who have joined their system. 

PURPOSE

As proposed, HB 2295 is a safety bill requiring an excavator to make one
telephone call before beginning excavation.  The call will generate
notification of the intended excavation to underground facility operators.
The underground facility operator notification provides the underground
facility operator with an opportunity to mark his underground facilities.
The underground facility markings will, in turn, allow the excavation to
be made without damage to any underground facility, without interruption
of utility service, and without danger to the excavator and the general
public caused by underground facility damage. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1   The short title of the bill is the Underground Facility Damage
Prevention and   Safety Act. 

SECTION 2   The definition section includes the general categorization of
underground facilities   into electric, gas, petroleum, steam, and
telecommunications facilities (Class A   underground facilities) and
water, slurry, and steam facilities (Class B     underground facilities).  

SECTION 3   Underground facilities exempted from the bill are listed.

SECTION 4   A building permit or other license does not exempt an
excavator from complying   with this bill. 

SECTION 5   The Texas Underground Facility Notification Corporation is
created as a non  profit, general oversight organization.  Membership on
the board of directors is   representative of all categories of
underground facility operators and is through   gubernatorial appointment. 

SECTION 6 There is no fee charged to an excavator when he makes his one
call to a     notification center.  A notification center that notifies
another notification center   can charge the notification center receiving
the notification no more than $1.25   per notification.  A notification
center may petition the corporation to increase the   maximum charge, but
must present evidence that costs exceed the maximum   charge. 

SECTION 7 An operator of a Class A underground facility must join a
notification center.  An   operator of a Class B underground facility can
elect to join a notification center   and will be treated as a Class A
underground facility.. 

SECTION 8  Within two hours after a notification center receives a notice
of excavation, the   notification center must notify its underground
facility operator members with   underground facilities in the area of the
excavation as well as all other notification   centers with members in the
area of the proposed excavation. 

SECTION 9 At least forty-eight hours before an excavation begins, the
excavator is to make   one telephone call to a notification center
advising the notification center of the   intended excavation.  If
excavation has not begun before the 15th day following   notification, the
person making the original call must contact the notification   center
again.  If excavation has not been completed with in thirty days,
excavator   must contact notification center by telephone to indicate that
excavation has not   been completed. 

SECTION 10  The duties of the Texas Underground Facility Notification
Corporation are listed   including the establishment of a toll-free
telephone number and  a call router   designed to route calls to the
appropriate notification center.  The determination   of the cost sharing
of the toll-free telephone number and the call router by the
notification centers will be made by the corporation. 

SECTION 11 An excavator meets the requirements of the bill by notifying a
notification center   at least forty-eight hours prior to beginning the
excavation. 

SECTION 12 The bill does not apply to an emergency excavation that is
necessary to respond to   a situation that endangers life, health, or
property or a situation in which the   public need for service compels
immediate action. 

SECTION 13 Other exceptions to the duty of an excavator to call a
notification center prior to   beginning an excavation are listed in this
section. 

SECTION 14 Once an operator is notified by a notification center of an
excavation that will   occur at or near an underground facility, the
operator is to mark the facility using   accepted industry marking colors
if the operator believes that locating and   marking the location is
necessary. 

SECTION 15 The duty of an operator in the event of an extraordinary
circumstance such as an   act of God or a work stoppage is described in
this section. 

SECTION 16 Precautions an excavator is to use when excavating near a
marked underground   facility are detailed in this section. 

SECTION 17 In the event excavation damage does occur, the section lists
actions that an   excavator is to follow.   

SECTION 18 An operator may seek to enjoin excavation conducted or
anticipated to be     conducted in violation of this Act. 

SECTION 19 Civil penalties are prescribed for failure to comply with the
bill.  

SECTION 20  Any existing notification complying with this Act may continue
to operate if in   operation by the effective date. 

SECTION 21 This section states the initial terms of the directors
appointed by the Governor   under Section 5 of this Act. 

SECTION 22 Effective Date: September 1, 1997.  States the schedule for the
application of   Sections under this Act. 

SECTION 23 Emergency Clause.




COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2 (1) formerly subsection (a).

  (2) formerly subsection (b).  Sections 1-6 are renumbered as A-F.

  (3) formerly subsection (a).  Sections 1-3 are renumbered as A-C.

  (4-10)  formerly subsections (d-j).

  (11) formerly subsection (k).  Deletes subsection (l).

  (12)(A)(B)(i)(ii) formerly (m)(1)(2)(A)(B).  (ii) replaces "the" to
"this", in     reference to "state."   

  (12)(C) formerly (m)(3).  (i) combines former subsections (A-C). (ii)
adds "the   name of a" to "contact person."  (iii) replaces "Section 8(h)"
with "Section 8(g)." 
  
  (12)(C)(iv) formerly (m)(3)(F) replaces "it" with "notification center."
  
  (13-14) formerly subsection (n-o).

  (15) formerly subsection (p), adds "that" between "gates" and "are" and
replaces   "a person" with " an individual." 

  (16) formerly subsection (q).

SECTION 3  Subsection (a)(5)(B) replaces "in" with "within."
 
  (C) replaces "in" with "within" and replaces "or" with "and."

  (b) adds "by doing so" to indicate that voluntary registration assumes
compliance   with all Class A operators duties.  

SECTION 5 (b) editing changes move the "and" from then of (3) to the end
of (4) and replaces   the semicolon at the end of (4) with a period.  

  (e)(6) places "telephone cooperative corporations" at the end of (6)
rather than the   beginning of the subsection.  
  
  (11) replaces "the" with "this" in reference to this Act.

  (f) replaces "annually on" with "each" in reference to the term
expiration for   division directors.  Removes reference to staggered terms
for division     directors of specific operator types.  Term limits will
continue to be staggered. 

SECTION 6 (a) the $50 dollar annual fee applies to Class A operators and
must be paid before   January 15th of each year.  Fees will not be
prorated. 

  (b) replaces "pursuant" with "under" in reference to Section 9(a).

  (c) adds provision that notification centers may petition the
corporation for an   increase to the maximum charge.  However, any
notification center doing so must   present proof that costs exceed the
maximum charge. 

  (d) removes "in no event shall" and adds "may not" in reference to
charges   notification centers might add to the maximum charge. 

SECTION 7 (c) replaces "nor" with "or."

  (d) states that a Class B underground facility that provides the
information will be   treated as a Class A underground facility. 

SECTION 8 (4) states that no later than May 15th each year, each
notification center will pay   to the corporation a portion of the cost
for the statewide 800 number and the call   router.  The amount paid by
the notification centers will be determined by the   corporation.  The
previous version did not specify when payment would be made,   or who
would set the amount paid by the notification centers. 

  (d) adds that the amount a notification center notifying another
notification center   under Section 8(c)(3) may recover an amount not to
exceed the actual cost of   providing the notice. 

  (e) deletes subsection (e).  The previous (f) becomes (e) and all
subsequent   subsections are renumbered accordingly. 

SECTION 9 (a)  states that if excavation is not begun before the 15th day
following     notification, the person making the original notification
must again contact the   notification center. 

  (b) within thirty days of last notification, excavator must notify the
notification   center by telephone that excavation has not been completed. 

SECTION 10 (a) adds "develop and implement processes to:"

  (1) changes section reference from "Section (2)(m)(3)" to "Section
2(12)(C)". 

  (3) replaces reference to "800 telephone number" to "statewide toll-free
telephone   number."  Adds that the corporation must use a call router
that routes call to the   appropriate notification center. 

  (4) replaces "800" with "toll-free."

  (6) adds "before May 1 of each year" in reference to the cost sharing
between the   notification centers. 

  (A) replaces "800" with "toll-free."
  (B) adds "of this Act."

  (9) removes reference to Section 8(e).

  (10) replaces "assess" with "recommend" in reference to a civil penalty
against a   notification center. 

  (11) removes reference to subsection (10).

  (12) replaces "between" with "among" in reference to disputes among
notification   centers. 
 
  (13)(b) replaces "800" with "toll-free."

SECTION 11 (a) adds "a person required to provide notice under this Act"
to the beginning of   the subsection. 
  
SECTION 13 (3) adds this subsection stating that routine railroad
maintenance within 15 feet   of the midline of the track, that does not
exceed 18 inches, will be exempt under   this section.  All subsequent
subsection are renumbered accordingly. 

  (4) removes reference to Section 23.51(2) of the Tax Code of Texas.
Formerly   subsection (3). 

  (b) removes "or impose" in reference to civil remedies.

SECTION 15 (b) removes requirement that operator provide an agreement in
writing that a   smaller safety clearance may be used in excavation. 

SECTION 20  This section is added.  The previous Section 20 becomes
Section 23 

SECTION 21  This section is added. The former Section 21 is incorporated
into Section 22. 

SECTION 22  This section is added.