By Turner of Coleman H.B. No. 1669
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties of an operator of an underground facility
1-3 and of an excavator regarding marking of the location of an
1-4 underground facility.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 251.152, Utilities Code, is amended to
1-7 read as follows:
1-8 Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The excavator
1-9 shall include in the notice required under Section 251.151:
1-10 (1) the name of the person serving the notice;
1-11 (2) the location of the proposed area of excavation,
1-12 including:
1-13 (A) the street address, if available, and the
1-14 location of the excavation at the street address; or
1-15 (B) if there is no street address, an accurate
1-16 description of the excavation area using any available designations
1-17 such as the closest street, road, or intersection;
1-18 (3) the name, address, and telephone number of the
1-19 excavator or the excavator's company;
1-20 (4) the excavator's field telephone number, if one is
1-21 available;
1-22 (5) a telephone facsimile number, e-mail address, or
1-23 another electronic number or address approved by the board to which
1-24 an operator may send the notification required by Section
2-1 251.157(d);
2-2 (6) the starting date and time and the anticipated
2-3 completion date of excavation; and
2-4 (7) [(6)] a statement as to whether explosives will be
2-5 used.
2-6 SECTION 2. Section 251.157, Utilities Code, is amended by
2-7 adding Subsection (d) to read as follows:
2-8 (d) Not later than the 48th hour after the time the
2-9 excavator gives to the notification center notice of intent to
2-10 excavate, an operator contacted by the notification center shall
2-11 notify the excavator of the operator's plans to not mark the
2-12 proximate location of an underground facility at or near the site
2-13 of the proposed excavation. The operator must provide the
2-14 notification by e-mail or facsimile or by another verifiable
2-15 electronic method approved by the board.
2-16 SECTION 3. This Act takes effect November 1, 2001.