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.