Texas 2017 - 85th Regular

Texas House Bill HB3211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12339 JXC-F
2	2	By: Paddie H.B. No. 3211
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for the notice that excavators must
8	8	provide to notification centers and underground facility operators
9	9	for certain excavation operations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 251.151(a), Utilities Code, is amended
12	12	to read as follows:
13	13	(a) Except as provided by Sections 251.155, [and] 251.156,
14	14	and 251.1565, a person who intends to excavate shall notify a
15	15	notification center not earlier than the 14th day before the date
16	16	the excavation is to begin or later than the 48th hour before the
17	17	time the excavation is to begin, excluding Saturdays, Sundays, and
18	18	legal holidays.
19	19	SECTION 2. Subchapter D, Chapter 251, Utilities Code, is
20	20	amended by adding Section 251.1565 to read as follows:
21	21	Sec. 251.1565. LARGE OPERATION EXCAVATION EXCEPTION. (a)
22	22	For the purposes of this section, "large operation" means an
23	23	excavation operation conducted in a contiguous geographical area
24	24	that:
25	25	(1) exceeds one linear mile; or
26	26	(2) reasonably requires more than 90 days to complete.
27	27	(b) For a planned large operation, the excavator shall:
28	28	(1) notify a notification center of the operation and
29	29	include in the notice:
30	30	(A) the information described by Section
31	31	251.152; and
32	32	(B) an indication that the operation is a large
33	33	operation; and
34	34	(2) provide written notice of the operation to each
35	35	operator that may have an underground facility in the vicinity of
36	36	the operation.
37	37	(c) The excavator may not begin the large operation until
38	38	the excavator and each operator that is known to the excavator to
39	39	have an underground facility in the vicinity of the operation have
40	40	entered into an agreement to coordinate the marking of the
41	41	operator's underground facilities in segments as the operation
42	42	progresses in order to coordinate the marking of the facilities
43	43	with excavation schedules. The excavator and each operator shall
44	44	determine a mutually agreed on marking schedule based on the
45	45	planned operation schedule.
46	46	(d) Once an excavator establishes a marking schedule under
47	47	Subsection (c) with each operator that has an underground facility
48	48	in the vicinity of the operation, the marking and notification
49	49	requirements of Sections 251.151, 251.154, and 251.157 do not apply
50	50	to the large operation.
51	51	(e) An excavator may treat any excavation operation as a
52	52	large operation for the purposes of notifying an operator of a
53	53	planned excavation operation and determining a marking schedule
54	54	with the operator if the operator agrees.
55	55	(f) The excavator shall notify each operator with which the
56	56	excavator has agreed on a marking schedule under this section if:
57	57	(1) the start time of the large operation changes;
58	58	(2) the information provided to the notification
59	59	center under Subsection (b) for the large operation changes; or
60	60	(3) the operator's markings are no longer visible, are
61	61	unclear, or are damaged.
62	62	(g) The excavator shall notify each operator with which the
63	63	excavator has agreed on a marking schedule under this section of the
64	64	time excavation will begin in close proximity to the operator's
65	65	facility at least 24 hours before that time.
66	66	SECTION 3. Section 251.157(a), Utilities Code, is amended
67	67	to read as follows:
68	68	(a) Each Class A underground facility operator contacted by
69	69	the notification system shall mark the approximate location of its
70	70	underground facilities at or near the site of the proposed
71	71	excavation if the operator believes that marking the location is
72	72	necessary. The operator shall mark the location not later than:
73	73	(1) the 48th hour after the time the excavator gives to
74	74	the notification system notice of intent to excavate, excluding
75	75	Saturdays, Sundays, and legal holidays;
76	76	(2) 11:59 a.m. on the Tuesday following a Saturday
77	77	notification unless the intervening Monday is a holiday;
78	78	(3) 11:59 a.m. on the Wednesday following a Saturday
79	79	notification if the intervening Monday is a holiday; [or]
80	80	(4) if the operator must use additional equipment or
81	81	excavate the proposed excavation site to mark the approximate
82	82	location of its underground facilities, 96 hours after 8:00 a.m. on
83	83	the business day following the date the excavator gives the
84	84	notification system notice of intent to excavate; or
85	85	(5) a time agreed to by the operator and the excavator.
86	86	SECTION 4. This Act takes effect September 1, 2017.