SRC-SEW H.B. 1669 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1669
By: Turner, Bob (Cain)
State Affairs
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Currently, an excavator is required to contact a notification center 48
hours before beginning to dig. The notification center is then required to
contact any operators of underground facilities that are used to produce,
store, convey, transmit, or distribute electrical energy, gas, petroleum,
steam, telecommunications service, or certain liquids (operator) that may
have lines in the area where an excavator plans to dig. Upon receiving
notification, operators are required to mark the location of those
underground facilities prior to the 48 hour deadline only if the operator
believes that marking the location is necessary. The operator is not
required to notify the excavator of a decision to mark or not to mark,
which can delay excavation. H.B. 1669 requires an operator to notify an
excavator of a decision not to mark the location of underground facilities
no later than 48 hours after the time the excavator gives notice of intent
to excavate.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 251.152, Utilities Code, to require the
excavator to include in the notice required under Section 251.151 a
telephone facsimile number, e-mail address, or another electronic number or
address approved by the board to which an operator may send the
notification required by Section 251.157(d).  Makes nonsubstantive changes.
  
SECTION 2.  Amends Section 251.157, Utilities Code, by adding Subsection
(d) to require an operator contacted by the notification center, not later
than the 48th hour after the time the excavator gives to the notification
center notice of intent to excavate, to notify the excavator of the
operator's plans to not mark the proximate location of an underground
facility at or near the site of the proposed excavation.  Requires the
operator to provide the notification by e-mail or facsimile or by another
verifiable electronic method approved by the board. 
 
SECTION 3.  Effective date:  November 1, 2001.