Texas 2017 - 85th Regular

Texas Senate Bill SB2098 Compare Versions

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

Old	New	Differences
1	1	85R12219 JXC-F
2	2	By: Hall S.B. No. 2098
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for underground facility damage
8	8	prevention and safety.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.002(6), Utilities Code, is amended
11	11	to read as follows:
12	12	(6) "Excavator" means an individual who or legal
13	13	entity [a person] that actually excavates or intends to excavate in
14	14	this state.
15	15	SECTION 2. Subchapter A, Chapter 251, Utilities Code, is
16	16	amended by adding Section 251.0045 to read as follows:
17	17	Sec. 251.0045. EXCAVATION BY SUBCONTRACTOR. A
18	18	subcontractor who performs an excavation operation may not begin
19	19	the excavation unless the subcontractor has complied with the
20	20	requirements this chapter imposes on an excavator, regardless of
21	21	whether the general contractor that hired the subcontractor has
22	22	complied with the requirements.
23	23	SECTION 3. Section 251.151, Utilities Code, is amended by
24	24	amending Subsection (a) and adding Subsection (a-1) to read as
25	25	follows:
26	26	(a) Except as provided by Sections 251.155 and 251.156, an
27	27	excavator [a person] who intends to excavate shall notify a
28	28	notification center not earlier than the 14th day before the date
29	29	the excavation is to begin [or later than the 48th hour before the
30	30	time the excavation is to begin], excluding Saturdays, Sundays, and
31	31	legal holidays. An excavator may not excavate:
32	32	(1) before 8 a.m. on the third day after the date on
33	33	which the excavator gives the notice, excluding Saturdays, Sundays,
34	34	and legal holidays; or
35	35	(2) after the 21st day after the date on which the
36	36	excavator gives the notice, including Saturdays, Sundays, and legal
37	37	holidays.
38	38	(a-1) If markings made by an operator after notice is given
39	39	under Subsection (a) for an excavation operation showing the
40	40	location of underground facilities in the excavation area are no
41	41	longer visible, are unclear, or are damaged, the excavator shall
42	42	give another notice under Subsection (a) for the unfinished
43	43	portions of the excavation operation.
44	44	SECTION 4. Sections 251.157(a) and (d), Utilities Code, are
45	45	amended to read as follows:
46	46	(a) Each Class A underground facility operator contacted by
47	47	the notification system shall mark the approximate location of its
48	48	underground facilities at or near the site of the proposed
49	49	excavation if the operator believes that marking the location is
50	50	necessary. The operator shall mark the location not later than:
51	51	(1) 8 a.m. on the third day following the date on which
52	52	the excavator gives to the notification system notice of intent to
53	53	excavate under Section 251.151(a) [the 48th hour after the time the
54	54	excavator gives to the notification system notice of intent to
55	55	excavate], excluding Saturdays, Sundays, and legal holidays;
56	56	[(2) 11:59 a.m. on the Tuesday following a Saturday
57	57	notification unless the intervening Monday is a holiday;
58	58	[(3) 11:59 a.m. on the Wednesday following a Saturday
59	59	notification if the intervening Monday is a holiday;] or
60	60	(2) [(4)] a time agreed to by the operator and the
61	61	excavator.
62	62	(d) Not later than 8 a.m. on the third day following the date
63	63	on which the excavator gives to the notification system notice of
64	64	intent to excavate under Section 251.151(a), excluding Saturdays,
65	65	Sundays, and legal holidays [the 48th hour after the time the
66	66	excavator gives to the notification center notice of intent to
67	67	excavate], an operator contacted by the notification center shall
68	68	notify the excavator of the operator's plans to not mark the
69	69	proximate location of an underground facility at or near the site of
70	70	the proposed excavation. The operator must provide the
71	71	notification by e-mail or facsimile or by another verifiable
72	72	electronic method approved by the board.
73	73	SECTION 5. Section 251.151(b), Utilities Code, is repealed.
74	74	SECTION 6. This Act takes effect September 1, 2017.