Texas 2019 - 86th Regular

Texas House Bill HB3673 Compare Versions

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

Old	New	Differences
1	1	86R13137 GRM-F
2	2	By: Capriglione H.B. No. 3673
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application of the Underground Facility Damage
8	8	Prevention and Safety Act to Class B underground facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.005, Utilities Code, is amended to
11	11	read as follows:
12	12	Sec. 251.005. CONVERSION OF FACILITY OR OPERATOR. [(a)] An
13	13	operator of an underground facility that is exempted under this
14	14	subchapter may voluntarily convert that facility to a Class A or
15	15	Class B underground facility, depending on how the facility is
16	16	used, by sending written communication from a competent authority
17	17	of the operator to the corporation advising of the status change.
18	18	[(b) An operator of a Class B underground facility may
19	19	voluntarily convert to a Class A underground facility operator by
20	20	sending written communication from a competent authority of the
21	21	operator to the corporation advising of the status change.]
22	22	SECTION 2. Section 251.009, Utilities Code, is amended to
23	23	read as follows:
24	24	Sec. 251.009. PROVISION OF GENERAL INFORMATION. At least
25	25	once each calendar year, at intervals not exceeding 15 months, each
26	26	Class A or Class B underground facility operator who conveys,
27	27	transmits, or distributes by means of its underground facilities
28	28	service directly to more than one million residential customers in
29	29	[within] this state shall provide all of its residential customers
30	30	in this state general information about excavation activities
31	31	covered by this chapter and the statewide toll-free telephone
32	32	number established by the corporation.
33	33	SECTION 3. Section 251.060, Utilities Code, is amended to
34	34	read as follows:
35	35	Sec. 251.060. DUTIES OF CORPORATION. The corporation shall
36	36	develop and implement processes to:
37	37	(1) maintain a registration of:
38	38	(A) notification centers as provided by Section
39	39	251.101(a)(3); and
40	40	(B) operators who elect to convert facilities to
41	41	Class A or Class B facilities under Section 251.005 [251.005(a); or
42	42	[(C) operators who elect to become Class A
43	43	underground facility operators under Section 251.005(b)];
44	44	(2) establish minimum technical standards used by
45	45	notification centers;
46	46	(3) establish a statewide toll-free telephone number
47	47	to be used by excavators that incorporates the use of a call router
48	48	system that routes calls to the notification centers on a pro rata
49	49	basis;
50	50	(4) oversee the bid process and select the vendor for
51	51	the statewide toll-free telephone number;
52	52	(5) oversee the bid process and select the vendor for
53	53	the call router system;
54	54	(6) determine before May 1 of each year the
55	55	cost-sharing between the notification centers of:
56	56	(A) the toll-free telephone number; and
57	57	(B) the call router system prescribed by Section
58	58	251.102(4);
59	59	(7) develop public service announcements to educate
60	60	the public about statewide one-call notification and its
61	61	availability;
62	62	(8) establish a format for information transfer among
63	63	notification centers other than high speed data transmission, if
64	64	appropriate;
65	65	(9) on a complaint concerning charges, investigate and
66	66	determine appropriate charges;
67	67	(10) recommend a civil penalty against a notification
68	68	center that does not meet the requirements of this chapter of not
69	69	less than $1,000 or more than $5,000 for each violation;
70	70	(11) refer the recommended penalty to the attorney
71	71	general, who shall institute a suit in a court of competent
72	72	jurisdiction to recover the penalty;
73	73	(12) assist in dispute resolution among notification
74	74	centers or between a notification center and an operator;
75	75	(13) assist any operator who encounters difficulty in
76	76	joining a notification center; and
77	77	(14) review and study design standards for the
78	78	placement of underground facilities throughout this state.
79	79	SECTION 4. Section 251.062(b), Utilities Code, is amended
80	80	to read as follows:
81	81	(b) Before January 15 of each year, each [a] Class A or Class
82	82	B facility operator shall pay to the corporation a fee of $50 for
83	83	services to be performed by the corporation during that calendar
84	84	year. A fee for a part of a year may not be prorated.
85	85	SECTION 5. Section 251.105(b), Utilities Code, is amended
86	86	to read as follows:
87	87	(b) The notification center shall charge a Class A or Class
88	88	B underground facility operator not more than $1.25 for a call made
89	89	to the system that affects the operator. The board may increase or
90	90	decrease the maximum charge only on an affirmative vote of at least
91	91	two-thirds of the total number of votes entitled to be cast. A
92	92	notification center may petition the corporation for an increase in
93	93	the maximum charge and is entitled to the increase on proof that
94	94	costs exceed the maximum charge.
95	95	SECTION 6. Sections 251.107(a) and (b), Utilities Code, are
96	96	amended to read as follows:
97	97	(a) Each operator of a Class A or Class B underground
98	98	facility, including a political subdivision of this state, shall
99	99	participate in a notification center as a condition of doing
100	100	business in this state.
101	101	(b) Each operator of a Class A or Class B underground
102	102	facility shall provide to the notification center:
103	103	(1) maps or grid locations or other identifiers
104	104	determined by the operator indicating the location of the
105	105	operator's underground facilities;
106	106	(2) the name and telephone number of a contact person
107	107	or persons; and
108	108	(3) at least quarterly but, if possible, as those
109	109	changes occur, information relating to each change in the
110	110	operator's maps or grid locations or other identifiers or in the
111	111	person or persons designated as the operator's contact person or
112	112	persons.
113	113	SECTION 7. Section 251.157(a), Utilities Code, is amended
114	114	to read as follows:
115	115	(a) Each Class A or Class B underground facility operator
116	116	contacted by the notification system shall mark the approximate
117	117	location of its underground facilities at or near the site of the
118	118	proposed excavation if the operator believes that marking the
119	119	location is necessary. The operator shall mark the location not
120	120	later than:
121	121	(1) the 48th hour after the time the excavator gives to
122	122	the notification system notice of intent to excavate, excluding
123	123	Saturdays, Sundays, and legal holidays;
124	124	(2) 11:59 a.m. on the Tuesday following a Saturday
125	125	notification unless the intervening Monday is a holiday;
126	126	(3) 11:59 a.m. on the Wednesday following a Saturday
127	127	notification if the intervening Monday is a holiday; or
128	128	(4) a time agreed to by the operator and the excavator.
129	129	SECTION 8. This Act takes effect January 1, 2021.