85R12342 JXC-F
By: Bonnen of Galveston H.B. No. 3162
A BILL TO BE ENTITLED
AN ACT
relating to the duty of an excavator to notify a notification center
or to make a 9-1-1 emergency call in response to underground
facility damage or an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.152, Utilities Code, is amended to
read as follows:
Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The
excavator shall include in the notice required under Sections
[Section] 251.151 and 251.155:
(1) the name of the person serving the notice;
(2) the location of the proposed area of excavation,
including:
(A) the street address, if available, and the
location of the excavation at the street address; or
(B) if there is no street address, an accurate
description of the excavation area using any available designations
such as the closest street, road, or intersection;
(3) the name, address, and telephone number of the
excavator or the excavator's company;
(4) the excavator's field telephone number, if one is
available;
(5) for an excavation that is not an emergency, a
telephone facsimile number, e-mail address, or another electronic
number or address approved by the board to which an operator may
send the notification required by Section 251.157(d);
(6) the starting date and time and the anticipated
completion date of excavation; [and]
(7) a statement as to whether explosives will be used;
and
(8) for an emergency excavation, information about the
conditions that create the emergency.
SECTION 2. Sections 251.155(b) and (c), Utilities Code, are
amended to read as follows:
(b) If the emergency involves a flammable material, the
[The] excavator:
(1) may begin emergency excavation under Subsection
(a) immediately, before notifying a notification center;
(2) shall notify a notification center as promptly as
practicably possible; and
(3) shall take reasonable care to protect underground
facilities.
(c) If the emergency does not involve a flammable material,
the excavator:
(1) [When an emergency exists, the excavator] shall
notify a notification center as promptly as practicably possible;
(2) may begin emergency excavation only after
notifying the notification center; and
(3) shall take reasonable care to protect underground
facilities.
SECTION 3. Section 251.159, Utilities Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) If an excavation operation results in damage to an
underground facility, including the defacing, scraping,
displacement, penetration, destruction, or partial or complete
severance or weakening of a protective coating, housing, or other
protective device or structural or lateral support of a pipeline,
the excavator shall immediately contact a notification center [the
underground facility operator] to report the damage and, except as
provided by Subsection (b), contact the underground facility
operator.
(a-1) If an excavation operation results in a release of
materials transported by an underground facility, the excavator
shall immediately make a 9-1-1 emergency call to report the
release. Immediately after concluding the 9-1-1 emergency call,
the excavator shall contact a notification center to report the
release and, except as provided by Subsection (b), contact the
underground facility operator.
(b) If the excavator is not certain of the operator's
identity, the excavator shall contact a notification center to
report the damage, after complying with Subsection (a-1), if
applicable, and the notification center shall immediately notify
all other affected notification centers. Immediately on receiving
notification, each notification center shall contact each member
operator that has underground facilities in or near the area in
which the damage occurred.
SECTION 4. This Act takes effect September 1, 2017.