Texas 2025 - 89th Regular

Texas House Bill HB1335 Compare Versions

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

Old	New	Differences
1	1	89R2714 JDK-F
2	2	By: Gerdes H.B. No. 1335
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4	4
5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to underground facility safety.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 251.002(13), Utilities Code, is amended
12	12	to read as follows:
13	13	(13) "Underground facility" means a line, cable,
14	14	pipeline system, conduit, or structure that is located partially or
15	15	totally underground and that is used to produce, store, convey,
16	16	transmit, or distribute:
17	17	(A) any form of telecommunications service,
18	18	including voice, data, video, or optical transmissions or cable
19	19	television service;
20	20	(B) electrical energy;
21	21	(C) natural or synthetic [, electricity,] gas;
22	22	(D) petroleum or petroleum products;
23	23	(E)[,] water;
24	24	(F) slurry;
25	25	(G)[,] sewage;
26	26	(H)[,] steam; [,] or
27	27	(I) any other material or liquids such as
28	28	[petroleum, petroleum products, or] hazardous liquids.
29	29	SECTION 2. Section 251.009, Utilities Code, is amended to
30	30	read as follows:
31	31	Sec. 251.009. PROVISION OF GENERAL INFORMATION. At least
32	32	once each calendar year, at intervals not exceeding 15 months, each
33	33	[Class A underground facility] operator who conveys, transmits, or
34	34	distributes by means of its underground facilities service
35	35	[directly to more than one million residential customers] within
36	36	this state shall provide all of its residential customers in this
37	37	state general information about excavation activities covered by
38	38	this chapter and the statewide toll-free telephone number
39	39	established by the corporation.
40	40	SECTION 3. Section 251.060, Utilities Code, is amended to
41	41	read as follows:
42	42	Sec. 251.060. DUTIES OF CORPORATION. The corporation
43	43	shall develop and implement processes to:
44	44	(1) maintain a registration of [:
45	45	[(A)] notification centers as provided by Section
46	46	251.101(a)(3);
47	47	[(B) operators who elect to convert facilities to
48	48	Class A facilities under Section 251.005(a); or
49	49	[(C) operators who elect to become Class A
50	50	underground facility operators under Section 251.005(b);]
51	51	(2) establish minimum technical standards used by
52	52	notification centers;
53	53	(3) establish a statewide toll-free telephone number
54	54	to be used by excavators that incorporates the use of a call router
55	55	system that routes calls to the notification centers on a pro rata
56	56	basis;
57	57	(4) oversee the bid process and select the vendor for
58	58	the statewide toll-free telephone number;
59	59	(5) oversee the bid process and select the vendor for
60	60	the call router system;
61	61	(6) determine before May 1 of each year the
62	62	cost-sharing between the notification centers of:
63	63	(A) the toll-free telephone number; and
64	64	(B) the call router system prescribed by Section
65	65	251.102(4);
66	66	(7) develop public service announcements to educate
67	67	the public about statewide one-call notification and its
68	68	availability;
69	69	(8) establish a format for information transfer among
70	70	notification centers other than high speed data transmission, if
71	71	appropriate;
72	72	(9) on a complaint concerning charges, investigate and
73	73	determine appropriate charges;
74	74	(10) recommend a civil penalty against a notification
75	75	center that does not meet the requirements of this chapter of not
76	76	less than $1,000 or more than $5,000 for each violation;
77	77	(11) refer the recommended penalty to the attorney
78	78	general, who shall institute a suit in a court of competent
79	79	jurisdiction to recover the penalty;
80	80	(12) assist in dispute resolution among notification
81	81	centers or between a notification center and an operator;
82	82	(13) assist any operator who encounters difficulty in
83	83	joining a notification center; and
84	84	(14) review and study design standards for the
85	85	placement of underground facilities throughout this state.
86	86	SECTION 4. Section 251.062(b), Utilities Code, is amended
87	87	to read as follows:
88	88	(b) Before January 15 of each year, each [a Class A
89	89	facility] operator shall pay to the corporation a fee of $50 for
90	90	services to be performed by the corporation during that calendar
91	91	year. A fee for a part of a year may not be prorated.
92	92	SECTION 5. Section 251.105(b), Utilities Code, is amended
93	93	to read as follows:
94	94	(b) The notification center shall charge an [a Class A
95	95	underground facility] operator not more than $1.25 for a call made
96	96	to the system that affects the operator. The board may increase or
97	97	decrease the maximum charge only on an affirmative vote of at least
98	98	two-thirds of the total number of votes entitled to be cast. A
99	99	notification center may petition the corporation for an increase in
100	100	the maximum charge and is entitled to the increase on proof that
101	101	costs exceed the maximum charge.
102	102	SECTION 6. Sections 251.107(a) and (b), Utilities Code, are
103	103	amended to read as follows:
104	104	(a) Each operator [of a Class A underground facility],
105	105	including a political subdivision of this state, shall participate
106	106	in a notification center as a condition of doing business in this
107	107	state.
108	108	(b) Each operator [of a Class A underground facility] shall
109	109	provide to the notification center:
110	110	(1) maps or grid locations or other identifiers
111	111	determined by the operator indicating the location of the
112	112	operator's underground facilities;
113	113	(2) the name and telephone number of a contact person
114	114	or persons; and
115	115	(3) at least quarterly but, if possible, as those
116	116	changes occur, information relating to each change in the
117	117	operator's maps or grid locations or other identifiers or in the
118	118	person or persons designated as the operator's contact person or
119	119	persons.
120	120	SECTION 7. Section 251.157(a), Utilities Code, is amended
121	121	to read as follows:
122	122	(a) Each [Class A underground facility] operator contacted
123	123	by the notification system shall mark the approximate location of
124	124	its underground facilities at or near the site of the proposed
125	125	excavation if the operator believes that marking the location is
126	126	necessary. The operator shall mark the location not later than:
127	127	(1) the 48th hour after the time the excavator gives to
128	128	the notification system notice of intent to excavate, excluding
129	129	Saturdays, Sundays, and legal holidays;
130	130	(2) 11:59 a.m. on the Tuesday following a Saturday
131	131	notification unless the intervening Monday is a holiday;
132	132	(3) 11:59 a.m. on the Wednesday following a Saturday
133	133	notification if the intervening Monday is a holiday; or
134	134	(4) a time agreed to by the operator and the excavator.
135	135	SECTION 8. Section 251.159(a), Utilities Code, is amended
136	136	to read as follows:
137	137	(a) If an excavation operation results in damage to an
138	138	underground facility, the excavator shall immediately contact the
139	139	[underground facility] operator of the facility to report the
140	140	damage.
141	141	SECTION 9. Section 251.203(a), Utilities Code, is amended
142	142	to read as follows:
143	143	(a) A person commits an offense if:
144	144	(1) the person without authorization from the owner or
145	145	operator of the facility intentionally removes, damages, or
146	146	conceals a marker or sign giving information about the location of
147	147	an [a Class A] underground facility; and
148	148	(2) the marker or sign gives notice of the penalty for
149	149	intentional removal, damage, or concealment of the marker or sign.
150	150	SECTION 10. The following provisions of the Utilities Code
151	151	are repealed:
152	152	(1) Sections 251.002(1) and (2); and
153	153	(2) Section 251.005.
154	154	SECTION 11. This Act takes effect September 1, 2025.