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 * * * * *