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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of an excavator to notify a notification center |
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or to make a 9-1-1 emergency call in response to underground |
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facility damage or an emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.152, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The |
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excavator shall include in the notice required under Sections |
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[Section] 251.151 and 251.155: |
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(1) the name of the person serving the notice; |
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(2) the location of the proposed area of excavation, |
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including: |
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(A) the street address, if available, and the |
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location of the excavation at the street address; or |
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(B) if there is no street address, an accurate |
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description of the excavation area using any available designations |
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such as the closest street, road, or intersection; |
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(3) the name, address, and telephone number of the |
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excavator or the excavator's company; |
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(4) the excavator's field telephone number, if one is |
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available; |
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(5) for an excavation that is not an emergency, a |
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telephone facsimile number, e-mail address, or another electronic |
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number or address approved by the board to which an operator may |
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send the notification required by Section 251.157(d); |
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(6) the starting date and time and the anticipated |
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completion date of excavation; [and] |
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(7) a statement as to whether explosives will be used; |
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and |
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(8) for an emergency excavation, information about the |
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conditions that create the emergency. |
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SECTION 2. Sections 251.155(b) and (c), Utilities Code, are |
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amended to read as follows: |
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(b) If the emergency involves a flammable material, the |
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[The] excavator: |
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(1) may begin emergency excavation under Subsection |
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(a) immediately, before notifying a notification center; |
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(2) shall notify a notification center as promptly as |
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practicably possible; and |
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(3) shall take reasonable care to protect underground |
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facilities. |
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(c) If the emergency does not involve a flammable material, |
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the excavator: |
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(1) [When an emergency exists, the excavator] shall |
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notify a notification center as promptly as practicably possible; |
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(2) may begin emergency excavation only after |
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notifying the notification center; and |
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(3) shall take reasonable care to protect underground |
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facilities. |
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SECTION 3. Section 251.159, Utilities Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) If an excavation operation results in damage to an |
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underground facility, including the defacing, scraping, |
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displacement, penetration, destruction, or partial or complete |
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severance or weakening of a protective coating, housing, or other |
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protective device or structural or lateral support of a pipeline, |
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the excavator shall immediately contact a notification center [the
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underground facility operator] to report the damage and, except as |
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provided by Subsection (b), contact the underground facility |
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operator. |
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(a-1) If an excavation operation results in a release of |
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materials transported by an underground facility, the excavator |
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shall immediately make a 9-1-1 emergency call to report the |
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release. Immediately after concluding the 9-1-1 emergency call, |
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the excavator shall contact a notification center to report the |
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release and, except as provided by Subsection (b), contact the |
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underground facility operator. |
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(b) If the excavator is not certain of the operator's |
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identity, the excavator shall contact a notification center to |
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report the damage, after complying with Subsection (a-1), if |
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applicable, and the notification center shall immediately notify |
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all other affected notification centers. Immediately on receiving |
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notification, each notification center shall contact each member |
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operator that has underground facilities in or near the area in |
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which the damage occurred. |
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SECTION 4. This Act takes effect September 1, 2017. |