The implications of HB 1335 are significant as they strengthen the regulations around underground facility operations. Specifically, the bill orders Class A underground facility operators to provide annual information to residential customers about excavation protocols. It also establishes penalties for the unauthorized removal or concealment of markers that indicate underground facilities. The aim is to reduce accidents related to excavation, which can lead to injuries or property damage. By establishing clearer lines of responsibility and communication between excavators and utility operators, the bill seeks to foster a safer environment for construction and excavation activities.
Summary
House Bill 1335 addresses the safety of underground facilities and the responsibilities associated with excavation activities in Texas. This bill modifies several sections of the Utilities Code to set forth clearer guidelines for the operation and marking of underground utilities. It includes provisions requiring operators to mark the location of their underground facilities upon notification of intended excavation, thereby enhancing the safety of such operations. Additionally, the bill mandates that each operator must participate in a notification center, which will help coordinate excavation efforts and prevent potential damage to underground structures.
Contention
While the bill has received support for its role in enhancing safety, it is not without points of contention. Critics may argue that the additional regulatory requirements could impose burdens on utility companies, particularly smaller operators. Furthermore, the enforcement of penalties could lead to disputes between operators and excavators over compliance and marker visibility. Such concerns reflect a balance that needs to be struck between ensuring safety and not stifling operations within the construction and utility industries. These discussions highlight ongoing challenges in legislating safety while accommodating various stakeholders in the utilities sector.
Texas Constitutional Statutes Affected
Utilities Code
Chapter 251. Underground Facility Damage Prevention And Safety
Relating to measures for ensuring public school safety, including the development and implementation of purchases relating to and funding for public school safety and security requirements and the provision of safety-related resources.
Relating to the establishment of the Texas Energy Insurance Program and other funding mechanisms to support the construction and operation of electric generating facilities.
Relating to measures for ensuring safety and security in public schools, including measures related to the health and safety of public school students and active shooter training for certain peace officers.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Environmental protection: underground storage tanks; placement distance of underground storage tanks from a public water supply system; revise. Amends sec. 21102a of 1994 PA 451 (MCL 324.21102a) & adds sec. 21102b.
Requesting The Public Utilities Commission To Address Certain Recommendations For Undergrounding The State's Utility Facilities As Outlined In The 1999 Legislative Reference Bureau Report Entitled "undergrounding Public Utility Lines".