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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of the Underground Facility Damage |
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Prevention and Safety Act to Class B underground facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.005, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.005. CONVERSION OF FACILITY OR OPERATOR. [(a)] An |
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operator of an underground facility that is exempted under this |
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subchapter may voluntarily convert that facility to a Class A or |
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Class B underground facility, depending on how the facility is |
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used, by sending written communication from a competent authority |
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of the operator to the corporation advising of the status change. |
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[(b) An operator of a Class B underground facility may |
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voluntarily convert to a Class A underground facility operator by |
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sending written communication from a competent authority of the |
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operator to the corporation advising of the status change.] |
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SECTION 2. Section 251.009, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.009. PROVISION OF GENERAL INFORMATION. At least |
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once each calendar year, at intervals not exceeding 15 months, each |
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Class A or Class B underground facility operator who conveys, |
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transmits, or distributes by means of its underground facilities |
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service directly to more than one million residential customers in |
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[within] this state shall provide all of its residential customers |
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in this state general information about excavation activities |
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covered by this chapter and the statewide toll-free telephone |
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number established by the corporation. |
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SECTION 3. Section 251.060, Utilities Code, is amended to |
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read as follows: |
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Sec. 251.060. DUTIES OF CORPORATION. The corporation shall |
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develop and implement processes to: |
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(1) maintain a registration of: |
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(A) notification centers as provided by Section |
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251.101(a)(3); and |
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(B) operators who elect to convert facilities to |
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Class A or Class B facilities under Section 251.005 [251.005(a); or |
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[(C) operators who elect to become Class A |
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underground facility operators under Section 251.005(b)]; |
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(2) establish minimum technical standards used by |
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notification centers; |
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(3) establish a statewide toll-free telephone number |
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to be used by excavators that incorporates the use of a call router |
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system that routes calls to the notification centers on a pro rata |
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basis; |
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(4) oversee the bid process and select the vendor for |
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the statewide toll-free telephone number; |
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(5) oversee the bid process and select the vendor for |
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the call router system; |
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(6) determine before May 1 of each year the |
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cost-sharing between the notification centers of: |
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(A) the toll-free telephone number; and |
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(B) the call router system prescribed by Section |
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251.102(4); |
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(7) develop public service announcements to educate |
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the public about statewide one-call notification and its |
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availability; |
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(8) establish a format for information transfer among |
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notification centers other than high speed data transmission, if |
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appropriate; |
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(9) on a complaint concerning charges, investigate and |
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determine appropriate charges; |
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(10) recommend a civil penalty against a notification |
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center that does not meet the requirements of this chapter of not |
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less than $1,000 or more than $5,000 for each violation; |
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(11) refer the recommended penalty to the attorney |
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general, who shall institute a suit in a court of competent |
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jurisdiction to recover the penalty; |
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(12) assist in dispute resolution among notification |
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centers or between a notification center and an operator; |
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(13) assist any operator who encounters difficulty in |
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joining a notification center; and |
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(14) review and study design standards for the |
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placement of underground facilities throughout this state. |
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SECTION 4. 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, each [a] Class A or Class |
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B 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 5. 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 6. 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 7. Section 251.157(a), Utilities Code, is amended |
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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 the |
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location is necessary. The operator shall mark the location not |
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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) a time agreed to by the operator and the excavator. |
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SECTION 8. This Act takes effect January 1, 2025. |