By Turner of Coleman H.B. No. 3353
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to excavation operations and underground facility damage
1-3 prevention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.002, Utilities Code, is amended by
1-6 amending Subsection (9) to read as follows:
1-7 (9) "Legal holiday" means a holiday specified as a
1-8 legal holiday by Subchapter A, Chapter 621, Transportation Code
1-9 [Subchapter B, Chapter 262, Government Code].
1-10 SECTION 2. Section 251.005, Utilities Code, is amended by
1-11 adding Subsection (c) to read as follows:
1-12 (c) Upon the request of 10 percent of the Class A facility
1-13 operators paying fees under Section 251.062 of this Chapter, the
1-14 governor shall dissolve the board and appoint an appropriate state
1-15 agency to operate the corporation.
1-16 SECTION 3. Section 251.151, Utilities Code, is amended by
1-17 adding Subsection (d) to read as follows:
1-18 (d) If the excavation takes more than 30 days from the date
1-19 the notification center receives the notification, the excavator
1-20 shall comply with the provisions of this section not later than the
1-21 48th hour before the expiration of the 30 day period commencing on
1-22 the date notification under this section was given. If during the
1-23 excavation of a medical facility the markers are lost, destroyed,
2-1 removed or otherwise rendered unsuitable for their original
2-2 purpose, an excavator must comply with the provisions of this
2-3 chapter within 24 hours of the time the markers become unsuitable.
2-4 SECTION 4. Section 251.157, Utilities Code, is amended by
2-5 adding Subsections (d) and (e) to read as follows:
2-6 (d) Not later than the 24th hour before the time excavation
2-7 is to begin, an operator contacted by the notification center shall
2-8 notify the excavator of the operator's plans to mark or not mark
2-9 the proximate location of an underground facility at or near the
2-10 site of the proposed excavation.
2-11 (e) The approximate location of an underground facility is
2-12 marked in accordance with this chapter if it is marked within 18
2-13 inches of its actual location. If it is not marked with 18 inches
2-14 of it actual location, an excavator is not liable for damages to an
2-15 underground facility.
2-16 SECTION 5. Section 251.159, Utilities Code, is amended by
2-17 adding Subsection (f) to read as follows:
2-18 (f) An excavator who has fully complied with this chapter is
2-19 not liable for damages to an underground facility owned by an
2-20 operator that does not participate in a notification center.
2-21 SECTION 6. This Act takes effect September 1, 2001.