| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the time frame required for excavation notification. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 251.002, Utilities Code, is amended by |
|
|
amending Subdivision (1) and adding Subdivision (1-a) to read as |
|
|
follows: |
|
|
(1) "Business day" means a day other than: |
|
|
(A) a Saturday or Sunday; or |
|
|
(B) a legal holiday. |
|
|
(1-a) "Class A underground facility" means an |
|
|
underground facility that is used to produce, store, convey, |
|
|
transmit, or distribute: |
|
|
(A) electrical energy; |
|
|
(B) natural or synthetic gas; |
|
|
(C) petroleum or petroleum products; |
|
|
(D) steam; |
|
|
(E) any form of telecommunications service, |
|
|
including voice, data, video, or optical transmission, or cable |
|
|
television service; or |
|
|
(F) any other liquid, material, or product not |
|
|
defined as a Class B underground facility. |
|
|
SECTION 2. Section 251.151(a), Utilities Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by Sections 251.155 and 251.156, a |
|
|
person who intends to excavate shall notify a notification center |
|
|
not earlier than the 14th business day or later than the 3rd |
|
|
business day before the date the excavation is to begin [or later |
|
|
than the 48th hour before the time the excavation is to begin, |
|
|
excluding Saturdays, Sundays, and legal holidays]. |
|
|
SECTION 3. Sections 251.157(a) and (d), Utilities Code, are |
|
|
amended to read as follows: |
|
|
(a) Each Class A underground facility operator contacted by |
|
|
the notification system shall mark the approximate location of its |
|
|
underground facilities at or near the site of the proposed |
|
|
excavation if the operator believes that marking the location is |
|
|
necessary. The operator shall mark the location not later than: |
|
|
(1) 11:59 p.m. on the second business day [48th hour] |
|
|
after the date [time] the excavator gives to the notification |
|
|
system notice of intent to excavate[, excluding Saturdays, Sundays, |
|
|
and legal holidays]; or |
|
|
(2) [11:59 a.m. on the Tuesday following a Saturday |
|
|
notification unless the intervening Monday is a holiday; |
|
|
[(3) 11:59 a.m. on the Wednesday following a Saturday |
|
|
notification if the intervening Monday is a holiday; or |
|
|
[(4)] a time agreed to by the operator and the |
|
|
excavator. |
|
|
(d) Not later than 11:59 p.m. on the second business day |
|
|
[48th hour] after the date [time] the excavator gives to the |
|
|
notification center notice of intent to excavate, an operator |
|
|
contacted by the notification center shall notify the excavator of |
|
|
the operator's plans to not mark the proximate location of an |
|
|
underground facility at or near the site of the proposed |
|
|
excavation. The operator must provide the notification by e-mail |
|
|
or facsimile or by another verifiable electronic method approved by |
|
|
the board. |
|
|
SECTION 4. The following provisions of the Utilities Code |
|
|
are repealed: |
|
|
(1) Section 251.002(14); and |
|
|
(2) Section 251.151(b). |
|
|
SECTION 5. This Act takes effect September 1, 2025. |