1-1     By:  Turner of Coleman (Senate Sponsor - Cain)        H.B. No. 1669
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the duties of an operator of an underground facility
 1-9     and of an excavator regarding marking of the location of an
1-10     underground facility.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 251.152, Utilities Code, is amended to
1-13     read as follows:
1-14           Sec. 251.152.  INFORMATION INCLUDED IN NOTICE.  The excavator
1-15     shall include in the notice required under Section 251.151:
1-16                 (1)  the name of the person serving the notice;
1-17                 (2)  the location of the proposed area of excavation,
1-18     including:
1-19                       (A)  the street address, if available, and the
1-20     location of the excavation at the street address; or
1-21                       (B)  if there is no street address, an accurate
1-22     description of the excavation area using any available designations
1-23     such as the closest street, road, or intersection;
1-24                 (3)  the name, address, and telephone number of the
1-25     excavator or the excavator's company;
1-26                 (4)  the excavator's field telephone number, if one is
1-27     available;
1-28                 (5)  a telephone facsimile number, e-mail address, or
1-29     another electronic number or address approved by the board to which
1-30     an operator may send the notification required by Section
1-31     251.157(d);
1-32                 (6)  the starting date and time and the anticipated
1-33     completion date of excavation; and
1-34                 (7) [(6)]  a statement as to whether explosives will be
1-35     used.
1-36           SECTION 2.  Section 251.157, Utilities Code, is amended by
1-37     adding Subsection (d) to read as follows:
1-38           (d)  Not later than the 48th hour after the time the
1-39     excavator gives to the notification center notice of intent to
1-40     excavate, an operator contacted by the notification center shall
1-41     notify the excavator of the operator's plans to not mark the
1-42     proximate location of an underground facility at or near the site
1-43     of the proposed excavation.  The operator must provide the
1-44     notification by e-mail or facsimile or by another verifiable
1-45     electronic method approved by the board.
1-46           SECTION 3.  This Act takes effect November 1, 2001.
1-47                                  * * * * *