Relating to information required to be provided to the public about planned excavations.
Impact
The passage of HB 427 is expected to significantly affect local governance and community safety by ensuring that individuals are adequately informed about excavation activities occurring in their vicinity. It aims to reduce risks associated with uncoordinated excavation efforts that might affect utility services or public safety. The bill specifically mandates that notifications be sent to property owners near excavation sites, which could be particularly impactful in areas with limited population, ensuring that even smaller communities receive necessary updates.
Summary
House Bill 427, introduced by Representative VanDeaver, focuses on enhancing public awareness regarding planned excavation activities. The bill modifies existing statutes in the Utilities Code, mandating that excavators provide ample information about their planned operations to the public. Key provisions dictate that excavation notices must be submitted 14 days in advance and include essential details such as the location of the excavation, expected timelines, and contact information for the excavator. Additionally, excavators are required to maintain visibility of signage throughout the excavation process to keep the public informed.
Sentiment
The general sentiment surrounding HB 427 appears supportive, given its emphasis on public safety and community communication. Proponents argue that the bill will empower residents with crucial information that could mitigate risks associated with excavations, such as disruption of utilities or safety hazards. However, some concerns were raised regarding the potential administrative burden on excavators, especially smaller contractors who may find it challenging to comply with the outlined notification protocols.
Contention
While the overall reception of HB 427 has been positive, some contention exists regarding the implementation of the notification requirements. Critics argue that the stipulations for early notification and the burden of providing extensive information may pose challenges, particularly for smaller projects or contractors operating in rural areas. Nevertheless, supporters contend that the benefits of improved public awareness and safety far outweigh these concerns, emphasizing the need for transparent communication as a priority in excavation planning.
Texas Constitutional Statutes Affected
Utilities Code
Chapter 251. Underground Facility Damage Prevention And Safety
Relating to the duties of excavators to notify operators of the location of planned excavations and the duties of operators to mark the location of underground facilities.
Relating to requirements for the notice that excavators must provide to notification centers and underground facility operators for certain excavation operations.
A bill for an act relating to required timing for notices regarding underground facility excavations and enforcement of excavation provisions, and including penalties. (Formerly HSB 538.) Effective date: 07/01/2024.