| 1 | 1 | | 85R12342 JXC-F |
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| 2 | 2 | | By: Bonnen of Galveston H.B. No. 3162 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the duty of an excavator to notify a notification center |
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| 8 | 8 | | or to make a 9-1-1 emergency call in response to underground |
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| 9 | 9 | | facility damage or an emergency. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 251.152, Utilities Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The |
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| 14 | 14 | | excavator shall include in the notice required under Sections |
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| 15 | 15 | | [Section] 251.151 and 251.155: |
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| 16 | 16 | | (1) the name of the person serving the notice; |
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| 17 | 17 | | (2) the location of the proposed area of excavation, |
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| 18 | 18 | | including: |
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| 19 | 19 | | (A) the street address, if available, and the |
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| 20 | 20 | | location of the excavation at the street address; or |
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| 21 | 21 | | (B) if there is no street address, an accurate |
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| 22 | 22 | | description of the excavation area using any available designations |
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| 23 | 23 | | such as the closest street, road, or intersection; |
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| 24 | 24 | | (3) the name, address, and telephone number of the |
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| 25 | 25 | | excavator or the excavator's company; |
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| 26 | 26 | | (4) the excavator's field telephone number, if one is |
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| 27 | 27 | | available; |
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| 28 | 28 | | (5) for an excavation that is not an emergency, a |
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| 29 | 29 | | telephone facsimile number, e-mail address, or another electronic |
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| 30 | 30 | | number or address approved by the board to which an operator may |
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| 31 | 31 | | send the notification required by Section 251.157(d); |
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| 32 | 32 | | (6) the starting date and time and the anticipated |
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| 33 | 33 | | completion date of excavation; [and] |
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| 34 | 34 | | (7) a statement as to whether explosives will be used; |
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| 35 | 35 | | and |
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| 36 | 36 | | (8) for an emergency excavation, information about the |
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| 37 | 37 | | conditions that create the emergency. |
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| 38 | 38 | | SECTION 2. Sections 251.155(b) and (c), Utilities Code, are |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (b) If the emergency involves a flammable material, the |
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| 41 | 41 | | [The] excavator: |
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| 42 | 42 | | (1) may begin emergency excavation under Subsection |
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| 43 | 43 | | (a) immediately, before notifying a notification center; |
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| 44 | 44 | | (2) shall notify a notification center as promptly as |
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| 45 | 45 | | practicably possible; and |
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| 46 | 46 | | (3) shall take reasonable care to protect underground |
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| 47 | 47 | | facilities. |
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| 48 | 48 | | (c) If the emergency does not involve a flammable material, |
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| 49 | 49 | | the excavator: |
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| 50 | 50 | | (1) [When an emergency exists, the excavator] shall |
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| 51 | 51 | | notify a notification center as promptly as practicably possible; |
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| 52 | 52 | | (2) may begin emergency excavation only after |
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| 53 | 53 | | notifying the notification center; and |
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| 54 | 54 | | (3) shall take reasonable care to protect underground |
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| 55 | 55 | | facilities. |
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| 56 | 56 | | SECTION 3. Section 251.159, Utilities Code, is amended by |
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| 57 | 57 | | amending Subsections (a) and (b) and adding Subsection (a-1) to |
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| 58 | 58 | | read as follows: |
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| 59 | 59 | | (a) If an excavation operation results in damage to an |
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| 60 | 60 | | underground facility, including the defacing, scraping, |
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| 61 | 61 | | displacement, penetration, destruction, or partial or complete |
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| 62 | 62 | | severance or weakening of a protective coating, housing, or other |
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| 63 | 63 | | protective device or structural or lateral support of a pipeline, |
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| 64 | 64 | | the excavator shall immediately contact a notification center [the |
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| 65 | 65 | | underground facility operator] to report the damage and, except as |
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| 66 | 66 | | provided by Subsection (b), contact the underground facility |
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| 67 | 67 | | operator. |
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| 68 | 68 | | (a-1) If an excavation operation results in a release of |
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| 69 | 69 | | materials transported by an underground facility, the excavator |
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| 70 | 70 | | shall immediately make a 9-1-1 emergency call to report the |
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| 71 | 71 | | release. Immediately after concluding the 9-1-1 emergency call, |
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| 72 | 72 | | the excavator shall contact a notification center to report the |
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| 73 | 73 | | release and, except as provided by Subsection (b), contact the |
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| 74 | 74 | | underground facility operator. |
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| 75 | 75 | | (b) If the excavator is not certain of the operator's |
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| 76 | 76 | | identity, the excavator shall contact a notification center to |
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| 77 | 77 | | report the damage, after complying with Subsection (a-1), if |
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| 78 | 78 | | applicable, and the notification center shall immediately notify |
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| 79 | 79 | | all other affected notification centers. Immediately on receiving |
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| 80 | 80 | | notification, each notification center shall contact each member |
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| 81 | 81 | | operator that has underground facilities in or near the area in |
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| 82 | 82 | | which the damage occurred. |
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| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2017. |
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