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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for addressing and preventing damage to |
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underground utility facilities; imposing a fee; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.002, Utilities Code, is amended by |
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adding Subdivision (16) to read as follows: |
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(16) "Approximate location" means a strip of land not |
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wider than the width of the underground facility plus two feet on |
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either side. |
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SECTION 2. Section 251.062(b), Utilities Code, is amended |
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to read as follows: |
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(b) Before January 15 of each year, a Class A or Class B |
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facility operator shall pay to the corporation a fee of $50 for |
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services to be performed by the corporation during that calendar |
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year. A fee for a part of a year may not be prorated. |
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SECTION 3. Section 251.105(b), Utilities Code, is amended |
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to read as follows: |
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(b) The notification center shall charge a Class A or Class |
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B underground facility operator not more than $1.25 for a call made |
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to the system that affects the operator. The board may increase or |
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decrease the maximum charge only on an affirmative vote of at least |
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two-thirds of the total number of votes entitled to be cast. A |
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notification center may petition the corporation for an increase in |
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the maximum charge and is entitled to the increase on proof that |
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costs exceed the maximum charge. |
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SECTION 4. Sections 251.107(a) and (b), Utilities Code, are |
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amended to read as follows: |
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(a) Each operator of a Class A or Class B underground |
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facility, including a political subdivision of this state, shall |
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participate in a notification center as a condition of doing |
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business in this state. |
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(b) Each operator of a Class A or Class B underground |
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facility shall provide to the notification center: |
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(1) maps or grid locations or other identifiers |
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determined by the operator indicating the location of the |
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operator's underground facilities; |
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(2) the name and telephone number of a contact person |
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or persons; and |
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(3) at least quarterly but, if possible, as those |
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changes occur, information relating to each change in the |
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operator's maps or grid locations or other identifiers or in the |
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person or persons designated as the operator's contact person or |
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persons. |
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SECTION 5. Section 251.151(b), Utilities Code, is amended |
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to read as follows: |
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(b) Notwithstanding Subsection (a), if an excavator makes a |
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Saturday notification, the excavator may begin the excavation the |
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following Wednesday [Tuesday] at 11:59 a.m. [unless the intervening
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Monday is a holiday. If the intervening Monday is a holiday, the
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excavator may begin the excavation the following Wednesday at 11:59
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a.m.] |
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SECTION 6. Section 251.156(a), Utilities Code, is amended |
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to read as follows: |
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(a) Section 251.151 does not apply to: |
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(1) interment operations of a cemetery; |
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(2) operations at a secured facility if: |
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(A) the excavator operates each underground |
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facility at the secured facility, other than those within a |
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third-party underground facility easement or right-of-way; and |
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(B) the excavation activity is not within a |
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third-party underground facility or right-of-way; |
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(3) routine railroad maintenance within 15 feet of |
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either side of the midline of the track if the maintenance will not |
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disturb the ground at a depth of more than 18 inches; |
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(4) activities performed on private property in |
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connection with agricultural operations; |
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(5) operations associated with the exploration or |
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production of oil or gas if the operations are not conducted within |
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an underground facility easement or right-of-way; or |
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(6) excavations by or for a person that: |
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(A) owns, leases, or owns a mineral leasehold |
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interest in the real property on which the excavation occurs; and |
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(B) operates all underground facilities located |
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at the excavation site[; or
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[(7)
routine maintenance by a county employee on a
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county road right-of-way to a depth of not more than 24 inches]. |
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SECTION 7. Sections 251.157(a) and (d), Utilities Code, are |
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amended to read as follows: |
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(a) Each Class A or Class B underground facility operator |
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contacted by the notification system shall mark the approximate |
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location of its underground facilities at or near the site of the |
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proposed excavation if the operator believes that marking that |
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[the] location is necessary. The operator shall mark the location |
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not later than: |
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(1) the 72nd [48th] hour after the time the excavator |
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gives to the notification system notice of intent to excavate, |
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excluding Saturdays, Sundays, and legal holidays; |
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(2) 11:59 a.m. on the Wednesday [Tuesday] following a |
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Saturday notification [unless the intervening Monday is a holiday]; |
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or |
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(3) [11:59 a.m. on the Wednesday following a Saturday
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notification if the intervening Monday is a holiday; or
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[(4)] a time agreed to by the operator and the |
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excavator. |
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(d) Not later than the 72nd [48th] hour after the time the |
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excavator gives to the notification center notice of intent to |
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excavate, an operator contacted by the notification center shall |
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notify the excavator of the operator's plans to not mark the |
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approximate [proximate] location of an underground facility at or |
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near the site of the proposed excavation. The operator must provide |
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the notification by e-mail or facsimile or by another verifiable |
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electronic method approved by the board. |
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SECTION 8. Section 251.203(a), Utilities Code, is amended |
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to read as follows: |
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(a) A person commits an offense if: |
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(1) the person without authorization from the owner or |
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operator of the facility intentionally removes, damages, or |
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conceals a marker or sign giving information about the location of a |
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Class A or Class B underground facility; and |
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(2) the marker or sign gives notice of the penalty for |
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intentional removal, damage, or concealment of the marker or sign. |
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SECTION 9. Section 251.153(a), Utilities Code, is repealed. |
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SECTION 10. (a) The changes in law made by this Act apply |
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only to conduct occurring on or after the effective date of this |
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Act. Conduct occurring before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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(b) The operator of an underground facility that is used to |
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produce, store, convey, transmit, or distribute water, slurry, or |
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sewage is not required to participate in a notification center as a |
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condition of doing business in this state or to provide materials |
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required by law to a notification center until January 1, 2014. |
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SECTION 11. This Act takes effect September 1, 2013. |