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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a municipality to notify certain public |
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utilities and telecommunications utilities on receiving an |
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application for a permit to excavate or construct underground |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 282, Local Government Code, is amended |
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by adding Section 282.004 to read as follows: |
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Sec. 282.004. JOINT TRENCH NOTIFICATION LIST. (a) In this |
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section: |
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(1) "Certificated telecommunications utility" has the |
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meaning assigned by Section 17.002, Utilities Code. |
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(2) "Public utility" has the meaning assigned by |
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Section 11.004, Utilities Code. |
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(b) A municipality shall create and maintain a joint trench |
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notification list of public utilities and certificated |
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telecommunications utilities that request notification when |
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another public utility or certificated telecommunications utility |
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files an application for a permit to excavate or construct |
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underground facilities in the municipality. |
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(c) A municipality shall provide notice to each public |
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utility and certificated telecommunications utility on the joint |
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trench notification list on receiving an application, or an intent |
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to file an application, from another public utility or certificated |
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telecommunications utility for a permit to excavate or construct |
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underground facilities in the municipality. The municipality shall |
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provide the notice at least 60 days before the excavation or |
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construction is scheduled to begin. The notice must include: |
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(1) the general location of the planned construction; |
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(2) the estimated construction dates; |
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(3) the types of facilities to be constructed; and |
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(4) the responsible party with the public utility or |
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certificated telecommunications utility filing the application, |
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including the party's contact information. |
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(d) A public utility or certificated telecommunications |
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utility receiving notice under Subsection (c) may file an |
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application for a permit to excavate or construct an underground |
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facility in the same trench and at the same time as the original |
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public utility or certificated telecommunications utility that |
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filed the original permit for the trench. |
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(e) Each public utility or certificated telecommunications |
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utility excavating or constructing in the same trench at the same |
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time shall resolve cost sharing issues or engage in binding |
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arbitration. A public utility or certificated telecommunications |
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utility found by an arbitrator to have engaged in uncooperative or |
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unreasonable activity regarding cost sharing shall pay the entire |
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cost of arbitration. A dispute regarding construction details |
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shall be resolved by the municipality in the permitting process. |
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SECTION 2. This Act takes effect September 1, 2007. |