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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1669 was passed by the House on April
         26, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1669 was passed by the Senate on May
         22, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor