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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for the notice that excavators must |
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provide to notification centers and underground facility operators |
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for certain excavation operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.151(a), Utilities Code, is amended |
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to read as follows: |
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(a) Except as provided by Sections 251.155, [and] 251.156, |
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and 251.1565, a person who intends to excavate shall notify a |
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notification center not earlier than the 14th day before the date |
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the excavation is to begin or later than the 48th hour before the |
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time the excavation is to begin, excluding Saturdays, Sundays, and |
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legal holidays. |
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SECTION 2. Subchapter D, Chapter 251, Utilities Code, is |
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amended by adding Section 251.1565 to read as follows: |
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Sec. 251.1565. LARGE OPERATION EXCAVATION EXCEPTION. (a) |
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For the purposes of this section, "large operation" means an |
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excavation operation conducted in a contiguous geographical area |
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that: |
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(1) exceeds one linear mile; or |
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(2) reasonably requires more than 90 days to complete. |
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(b) For a planned large operation, the excavator shall: |
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(1) notify a notification center of the operation and |
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include in the notice: |
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(A) the information described by Section |
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251.152; and |
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(B) an indication that the operation is a large |
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operation; and |
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(2) provide written notice of the operation to each |
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operator that may have an underground facility in the vicinity of |
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the operation. |
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(c) The excavator may not begin the large operation until |
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the excavator and each operator that is known to the excavator to |
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have an underground facility in the vicinity of the operation have |
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entered into an agreement to coordinate the marking of the |
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operator's underground facilities in segments as the operation |
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progresses in order to coordinate the marking of the facilities |
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with excavation schedules. The excavator and each operator shall |
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determine a mutually agreed on marking schedule based on the |
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planned operation schedule. |
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(d) Once an excavator establishes a marking schedule under |
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Subsection (c) with each operator that has an underground facility |
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in the vicinity of the operation, the marking and notification |
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requirements of Sections 251.151, 251.154, and 251.157 do not apply |
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to the large operation. |
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(e) An excavator may treat any excavation operation as a |
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large operation for the purposes of notifying an operator of a |
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planned excavation operation and determining a marking schedule |
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with the operator if the operator agrees. |
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(f) The excavator shall notify each operator with which the |
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excavator has agreed on a marking schedule under this section if: |
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(1) the start time of the large operation changes; |
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(2) the information provided to the notification |
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center under Subsection (b) for the large operation changes; or |
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(3) the operator's markings are no longer visible, are |
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unclear, or are damaged. |
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(g) The excavator shall notify each operator with which the |
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excavator has agreed on a marking schedule under this section of the |
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time excavation will begin in close proximity to the operator's |
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facility at least 24 hours before that time. |
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SECTION 3. Section 251.157(a), Utilities Code, is amended |
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to read as follows: |
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(a) Each Class A underground facility operator contacted by |
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the notification system shall mark the approximate location of its |
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underground facilities at or near the site of the proposed |
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excavation if the operator believes that marking the location is |
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necessary. The operator shall mark the location not later than: |
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(1) the 48th hour after the time the excavator gives to |
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the notification system notice of intent to excavate, excluding |
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Saturdays, Sundays, and legal holidays; |
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(2) 11:59 a.m. on the Tuesday following a Saturday |
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notification unless the intervening Monday is a holiday; |
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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) if the operator must use additional equipment or |
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excavate the proposed excavation site to mark the approximate |
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location of its underground facilities, 96 hours after 8:00 a.m. on |
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the business day following the date the excavator gives the |
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notification system notice of intent to excavate; or |
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(5) a time agreed to by the operator and the excavator. |
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SECTION 4. This Act takes effect September 1, 2017. |