Texas 2017 - 85th Regular

Texas House Bill HB3284 Compare Versions

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

Old	New	Differences
1	1	By: Springer H.B. No. 3284
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the applicability of underground facility damage
7	7	prevention and safety requirements to certain activities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 251.002(5), Utilities Code, is amended
10	10	to read as follows:
11	11	(5) "Excavate" means to use explosives or a motor,
12	12	engine, hydraulic or pneumatically powered tool, or other
13	13	mechanized equipment of any kind and includes auguring,
14	14	backfilling, boring, compressing, digging, ditching, drilling,
15	15	dragging, dredging, grading, mechanical probing, plowing-in,
16	16	pulling-in, ripping, scraping, trenching, and tunneling to remove
17	17	or otherwise disturb soil to a depth of 10 [16] or more inches.
18	18	SECTION 2. Section 251.004, Utilities Code, is amended to
19	19	read as follows:
20	20	Sec. 251.004. APPLICABILITY [APPLICATION] TO CERTAIN
21	21	CONTRACTORS AND STATE EMPLOYEES. [(a)] This chapter does not apply
22	22	to excavation by an employee of [a contractor working in the public
23	23	right-of-way under a contract with] the Texas Department of
24	24	Transportation performing the following activities in a public
25	25	right-of-way in which the department has an interest:
26	26	(1) sampling and repair of pavement, base, and
27	27	subgrade;
28	28	(2) repairing a roadway embankment that is adjacent to
29	29	pavement structure;
30	30	(3) reshaping unpaved shoulders and drop-offs; or
31	31	(4) hand digging for the department's archeological
32	32	program.
33	33	[(b) Excavation by an employee of the Texas Department of
34	34	Transportation on a segment of the state highway system is not
35	35	subject to this chapter if the excavation is more than 10 feet from
36	36	the right-of-way line.]
37	37	SECTION 3. Section 251.156(a), Utilities Code, is amended
38	38	to read as follows:
39	39	(a) Section 251.151 does not apply to:
40	40	(1) interment operations of a cemetery;
41	41	(2) operations at a secured facility if:
42	42	(A) the excavator operates each underground
43	43	facility at the secured facility, other than those within a
44	44	third-party underground facility easement or right-of-way; and
45	45	(B) the excavation activity is not within a
46	46	third-party underground facility or right-of-way;
47	47	(3) routine railroad maintenance within 15 feet of
48	48	either side of the midline of the track if the maintenance will not
49	49	disturb the ground at a depth of more than 18 inches;
50	50	(4) the movement of earth by tillage not to exceed a
51	51	depth of 16 inches [activities performed on private property in
52	52	connection with agricultural operations];
53	53	(5) operations associated with the exploration or
54	54	production of oil or gas if the operations are not conducted within
55	55	an underground facility easement or right-of-way; or
56	56	(6) excavations by or for a person that:
57	57	(A) owns, leases, or owns a mineral leasehold
58	58	interest in the real property on which the excavation occurs; and
59	59	(B) operates all underground facilities located
60	60	at the excavation site[; or
61	61	[(7) routine maintenance by a county employee on a
62	62	county road right-of-way to a depth of not more than 24 inches].
63	63	SECTION 4. Section 251.156(c), Utilities Code, is repealed.
64	64	SECTION 5. This Act takes effect September 1, 2017.