85R12339 JXC-F
By: Paddie H.B. No. 3211
A BILL TO BE ENTITLED
AN ACT
relating to requirements for the notice that excavators must
provide to notification centers and underground facility operators
for certain excavation operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.151(a), Utilities Code, is amended
to read as follows:
(a) Except as provided by Sections 251.155, [and] 251.156,
and 251.1565, a person who intends to excavate shall notify a
notification center not earlier than the 14th day before the date
the excavation is to begin or later than the 48th hour before the
time the excavation is to begin, excluding Saturdays, Sundays, and
legal holidays.
SECTION 2. Subchapter D, Chapter 251, Utilities Code, is
amended by adding Section 251.1565 to read as follows:
Sec. 251.1565. LARGE OPERATION EXCAVATION EXCEPTION. (a)
For the purposes of this section, "large operation" means an
excavation operation conducted in a contiguous geographical area
that:
(1) exceeds one linear mile; or
(2) reasonably requires more than 90 days to complete.
(b) For a planned large operation, the excavator shall:
(1) notify a notification center of the operation and
include in the notice:
(A) the information described by Section
251.152; and
(B) an indication that the operation is a large
operation; and
(2) provide written notice of the operation to each
operator that may have an underground facility in the vicinity of
the operation.
(c) The excavator may not begin the large operation until
the excavator and each operator that is known to the excavator to
have an underground facility in the vicinity of the operation have
entered into an agreement to coordinate the marking of the
operator's underground facilities in segments as the operation
progresses in order to coordinate the marking of the facilities
with excavation schedules. The excavator and each operator shall
determine a mutually agreed on marking schedule based on the
planned operation schedule.
(d) Once an excavator establishes a marking schedule under
Subsection (c) with each operator that has an underground facility
in the vicinity of the operation, the marking and notification
requirements of Sections 251.151, 251.154, and 251.157 do not apply
to the large operation.
(e) An excavator may treat any excavation operation as a
large operation for the purposes of notifying an operator of a
planned excavation operation and determining a marking schedule
with the operator if the operator agrees.
(f) The excavator shall notify each operator with which the
excavator has agreed on a marking schedule under this section if:
(1) the start time of the large operation changes;
(2) the information provided to the notification
center under Subsection (b) for the large operation changes; or
(3) the operator's markings are no longer visible, are
unclear, or are damaged.
(g) The excavator shall notify each operator with which the
excavator has agreed on a marking schedule under this section of the
time excavation will begin in close proximity to the operator's
facility at least 24 hours before that time.
SECTION 3. Section 251.157(a), Utilities Code, is amended
to read as follows:
(a) Each Class A underground facility operator contacted by
the notification system shall mark the approximate location of its
underground facilities at or near the site of the proposed
excavation if the operator believes that marking the location is
necessary. The operator shall mark the location not later than:
(1) the 48th hour after the time the excavator gives to
the notification system notice of intent to excavate, excluding
Saturdays, Sundays, and legal holidays;
(2) 11:59 a.m. on the Tuesday following a Saturday
notification unless the intervening Monday is a holiday;
(3) 11:59 a.m. on the Wednesday following a Saturday
notification if the intervening Monday is a holiday; [or]
(4) if the operator must use additional equipment or
excavate the proposed excavation site to mark the approximate
location of its underground facilities, 96 hours after 8:00 a.m. on
the business day following the date the excavator gives the
notification system notice of intent to excavate; or
(5) a time agreed to by the operator and the excavator.
SECTION 4. This Act takes effect September 1, 2017.