88R2783 SHH-D
By: VanDeaver H.B. No. 427
A BILL TO BE ENTITLED
AN ACT
relating to information required to be provided to the public about
planned excavations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.151, Utilities Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) Except as provided by Sections 251.155 and 251.156, 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:
(1) notify a notification center; and
(2) place at least one temporary sign at or near the
excavation site that displays the information required to be
included in the notice under Section 251.152.
(d) An excavator may place a sign described by Subsection
(a) only:
(1) on property the owner of which has consented to the
placement;
(2) on a public highway in a location that does not
obstruct traffic; or
(3) on a street lamp or utility sign, pole, or fixture.
(e) An excavator may not remove a sign described by
Subsection (a) until the excavation is complete.
SECTION 2. Section 251.152, Utilities Code, is amended to
read as follows:
Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The
excavator shall include in the notice required under Section
251.151:
(1) the name of the person serving the notice;
(2) the location of the proposed area of excavation,
including:
(A) the street address, if available, and the
location of the excavation at the street address; or
(B) if there is no street address, an accurate
description of the excavation area using any available designations
such as the closest street, road, or intersection;
(3) the name, address, and telephone number of the
excavator or the excavator's company;
(4) the excavator's field telephone number, if one is
available;
(5) a telephone facsimile number, e-mail address, or
another electronic number or address approved by the board to which
an operator may send the notification required by Section
251.157(d);
(6) a telephone number or e-mail address a person can
use to submit questions or complaints concerning the excavation;
(7) the starting date and time and the anticipated
completion date of excavation; and
(8) [(7)] a statement as to whether explosives will be
used.
SECTION 3. Section 251.153, Utilities Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) Not later than 48 hours after the time a notification
center receives a notice of intent to excavate from an excavator or
from a different notification center, excluding Saturdays,
Sundays, and legal holidays, the notification center shall provide
to each owner of property in the vicinity of the proposed excavation
operation the information provided to the notification center by
the excavator under Section 251.152.
(e) This subsection applies only to an excavation site in a
county with a population of less than 100,000. Not later than 48
hours after the time a notification center receives a notice of
intent to excavate from an excavator or from a different
notification center, excluding Saturdays, Sundays, and legal
holidays, the notification center shall provide to the county judge
of the county in which the excavation site is located the
information provided to the notification center by the excavator
under Section 251.152.
SECTION 4. This Act takes effect September 1, 2023.