85R12219 JXC-F
By: Hall S.B. No. 2098
A BILL TO BE ENTITLED
AN ACT
relating to requirements for underground facility damage
prevention and safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.002(6), Utilities Code, is amended
to read as follows:
(6) "Excavator" means an individual who or legal
entity [a person] that actually excavates or intends to excavate in
this state.
SECTION 2. Subchapter A, Chapter 251, Utilities Code, is
amended by adding Section 251.0045 to read as follows:
Sec. 251.0045. EXCAVATION BY SUBCONTRACTOR. A
subcontractor who performs an excavation operation may not begin
the excavation unless the subcontractor has complied with the
requirements this chapter imposes on an excavator, regardless of
whether the general contractor that hired the subcontractor has
complied with the requirements.
SECTION 3. Section 251.151, Utilities Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Sections 251.155 and 251.156, an
excavator [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. An excavator may not excavate:
(1) before 8 a.m. on the third day after the date on
which the excavator gives the notice, excluding Saturdays, Sundays,
and legal holidays; or
(2) after the 21st day after the date on which the
excavator gives the notice, including Saturdays, Sundays, and legal
holidays.
(a-1) If markings made by an operator after notice is given
under Subsection (a) for an excavation operation showing the
location of underground facilities in the excavation area are no
longer visible, are unclear, or are damaged, the excavator shall
give another notice under Subsection (a) for the unfinished
portions of the excavation operation.
SECTION 4. Sections 251.157(a) and (d), Utilities Code, are
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) 8 a.m. on the third day following the date on which
the excavator gives to the notification system notice of intent to
excavate under Section 251.151(a) [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
(2) [(4)] a time agreed to by the operator and the
excavator.
(d) Not later than 8 a.m. on the third day following the date
on which the excavator gives to the notification system notice of
intent to excavate under Section 251.151(a), excluding Saturdays,
Sundays, and legal holidays [the 48th hour after the time the
excavator gives to the notification center notice of intent to
excavate], an operator contacted by the notification center shall
notify the excavator of the operator's plans to not mark the
proximate location of an underground facility at or near the site of
the proposed excavation. The operator must provide the
notification by e-mail or facsimile or by another verifiable
electronic method approved by the board.
SECTION 5. Section 251.151(b), Utilities Code, is repealed.
SECTION 6. This Act takes effect September 1, 2017.