| 1 | 1 | | 88R2783 SHH-D |
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| 2 | 2 | | By: VanDeaver H.B. No. 427 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information required to be provided to the public about |
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| 8 | 8 | | planned excavations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 251.151, Utilities Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsections (d) and (e) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) Except as provided by Sections 251.155 and 251.156, a |
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| 14 | 14 | | person who intends to excavate shall, [notify a notification |
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| 15 | 15 | | center] not earlier than the 14th day before the date the excavation |
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| 16 | 16 | | is to begin or later than the 48th hour before the time the |
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| 17 | 17 | | excavation is to begin, excluding Saturdays, Sundays, and legal |
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| 18 | 18 | | holidays: |
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| 19 | 19 | | (1) notify a notification center; and |
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| 20 | 20 | | (2) place at least one temporary sign at or near the |
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| 21 | 21 | | excavation site that displays the information required to be |
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| 22 | 22 | | included in the notice under Section 251.152. |
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| 23 | 23 | | (d) An excavator may place a sign described by Subsection |
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| 24 | 24 | | (a) only: |
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| 25 | 25 | | (1) on property the owner of which has consented to the |
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| 26 | 26 | | placement; |
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| 27 | 27 | | (2) on a public highway in a location that does not |
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| 28 | 28 | | obstruct traffic; or |
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| 29 | 29 | | (3) on a street lamp or utility sign, pole, or fixture. |
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| 30 | 30 | | (e) An excavator may not remove a sign described by |
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| 31 | 31 | | Subsection (a) until the excavation is complete. |
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| 32 | 32 | | SECTION 2. Section 251.152, Utilities Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The |
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| 35 | 35 | | excavator shall include in the notice required under Section |
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| 36 | 36 | | 251.151: |
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| 37 | 37 | | (1) the name of the person serving the notice; |
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| 38 | 38 | | (2) the location of the proposed area of excavation, |
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| 39 | 39 | | including: |
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| 40 | 40 | | (A) the street address, if available, and the |
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| 41 | 41 | | location of the excavation at the street address; or |
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| 42 | 42 | | (B) if there is no street address, an accurate |
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| 43 | 43 | | description of the excavation area using any available designations |
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| 44 | 44 | | such as the closest street, road, or intersection; |
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| 45 | 45 | | (3) the name, address, and telephone number of the |
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| 46 | 46 | | excavator or the excavator's company; |
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| 47 | 47 | | (4) the excavator's field telephone number, if one is |
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| 48 | 48 | | available; |
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| 49 | 49 | | (5) a telephone facsimile number, e-mail address, or |
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| 50 | 50 | | another electronic number or address approved by the board to which |
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| 51 | 51 | | an operator may send the notification required by Section |
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| 52 | 52 | | 251.157(d); |
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| 53 | 53 | | (6) a telephone number or e-mail address a person can |
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| 54 | 54 | | use to submit questions or complaints concerning the excavation; |
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| 55 | 55 | | (7) the starting date and time and the anticipated |
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| 56 | 56 | | completion date of excavation; and |
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| 57 | 57 | | (8) [(7)] a statement as to whether explosives will be |
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| 58 | 58 | | used. |
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| 59 | 59 | | SECTION 3. Section 251.153, Utilities Code, is amended by |
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| 60 | 60 | | adding Subsections (d) and (e) to read as follows: |
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| 61 | 61 | | (d) Not later than 48 hours after the time a notification |
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| 62 | 62 | | center receives a notice of intent to excavate from an excavator or |
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| 63 | 63 | | from a different notification center, excluding Saturdays, |
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| 64 | 64 | | Sundays, and legal holidays, the notification center shall provide |
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| 65 | 65 | | to each owner of property in the vicinity of the proposed excavation |
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| 66 | 66 | | operation the information provided to the notification center by |
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| 67 | 67 | | the excavator under Section 251.152. |
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| 68 | 68 | | (e) This subsection applies only to an excavation site in a |
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| 69 | 69 | | county with a population of less than 100,000. Not later than 48 |
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| 70 | 70 | | hours after the time a notification center receives a notice of |
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| 71 | 71 | | intent to excavate from an excavator or from a different |
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| 72 | 72 | | notification center, excluding Saturdays, Sundays, and legal |
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| 73 | 73 | | holidays, the notification center shall provide to the county judge |
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| 74 | 74 | | of the county in which the excavation site is located the |
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| 75 | 75 | | information provided to the notification center by the excavator |
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| 76 | 76 | | under Section 251.152. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2023. |
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