| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
Relating to underground facility damage prevention and safety. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 251, Utilities Code, is amended by |
|
|
deleting Section 251.004 in its entirety. |
|
|
SECTION 2. Section 251.156, Utilities Code is amended to |
|
|
read as follows: |
|
|
Sec. 251.156. OTHER EXCEPTIONS TO DUTY OF EXCAVATORS. (a) |
|
|
Section 251.151 does not apply to: |
|
|
(1) interment operations of a cemetery; |
|
|
(2) operations at a secured facility if: |
|
|
(A) the excavator operates each underground facility at the |
|
|
secured facility, other than those within a third-party underground |
|
|
facility easement or right-of-way; and |
|
|
(B) the excavation activity is not within a third-party |
|
|
underground facility or right-of-way; |
|
|
(3) routine railroad maintenance within 15 feet of either side of |
|
|
the midline of the track if the maintenance will not disturb the |
|
|
ground at a depth of more than 18 inches; |
|
|
(43) activities performed on private property in connection with |
|
|
agricultural operations at a depth of less than 16 inches; |
|
|
|
|
|
(54) operations associated with the exploration or production of |
|
|
oil or gas if the operations are not conducted within an underground |
|
|
facility easement or right-of-way; or |
|
|
(65) excavations by or for a person that: |
|
|
(A) owns, leases, or owns a mineral leasehold interest in the real |
|
|
property on which the excavation occurs; and |
|
|
(B) operates all underground facilities located at the excavation |
|
|
site.; or |
|
|
(7) routine maintenance by a county employee on a county road |
|
|
right-of-way to a depth of not more than 24 inches. |
|
|
(b) If a person excepted under Subsection (a)(43) elects to comply |
|
|
with this chapter and the operator fails to comply with this |
|
|
chapter, the person is not liable to the underground facility owner |
|
|
for damages to the underground facility. |
|
|
(c) In this section:, |
|
|
(1) "Agricultural operations" means activities performed on land |
|
|
and described by Section 23.51(2), Tax Code. |
|
|
(2) "Routine maintenance" means operations, not to exceed 24 |
|
|
inches in depth, within a road or drainage ditch involving grading |
|
|
and removal or replacement of pavement and structures. |
|
|
SECTION 3. This Act shall be effective September 1, 2013. |