| 1 | 1 | | 89R12289 CS-F |
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| 2 | 2 | | By: Hancock S.B. No. 2042 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the time frame required for excavation notification. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 251.002, Utilities Code, is amended by |
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| 12 | 12 | | amending Subdivision (1) and adding Subdivision (1-a) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (1) "Business day" means a day other than: |
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| 15 | 15 | | (A) a Saturday or Sunday; or |
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| 16 | 16 | | (B) a legal holiday. |
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| 17 | 17 | | (1-a) "Class A underground facility" means an |
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| 18 | 18 | | underground facility that is used to produce, store, convey, |
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| 19 | 19 | | transmit, or distribute: |
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| 20 | 20 | | (A) electrical energy; |
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| 21 | 21 | | (B) natural or synthetic gas; |
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| 22 | 22 | | (C) petroleum or petroleum products; |
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| 23 | 23 | | (D) steam; |
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| 24 | 24 | | (E) any form of telecommunications service, |
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| 25 | 25 | | including voice, data, video, or optical transmission, or cable |
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| 26 | 26 | | television service; or |
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| 27 | 27 | | (F) any other liquid, material, or product not |
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| 28 | 28 | | defined as a Class B underground facility. |
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| 29 | 29 | | SECTION 2. Section 251.151(a), Utilities Code, is amended |
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| 30 | 30 | | to read as follows: |
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| 31 | 31 | | (a) Except as provided by Sections 251.155 and 251.156, a |
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| 32 | 32 | | person who intends to excavate shall notify a notification center |
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| 33 | 33 | | not earlier than the 14th business day or later than the 3rd |
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| 34 | 34 | | business day before the date the excavation is to begin [or later |
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| 35 | 35 | | than the 48th hour before the time the excavation is to begin, |
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| 36 | 36 | | excluding Saturdays, Sundays, and legal holidays]. |
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| 37 | 37 | | SECTION 3. Sections 251.157(a) and (d), Utilities Code, are |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (a) Each Class A underground facility operator contacted by |
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| 40 | 40 | | the notification system shall mark the approximate location of its |
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| 41 | 41 | | underground facilities at or near the site of the proposed |
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| 42 | 42 | | excavation if the operator believes that marking the location is |
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| 43 | 43 | | necessary. The operator shall mark the location not later than: |
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| 44 | 44 | | (1) 11:59 p.m. on the second business day [48th hour] |
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| 45 | 45 | | after the date [time] the excavator gives to the notification |
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| 46 | 46 | | system notice of intent to excavate[, excluding Saturdays, Sundays, |
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| 47 | 47 | | and legal holidays]; or |
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| 48 | 48 | | (2) [11:59 a.m. on the Tuesday following a Saturday |
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| 49 | 49 | | notification unless the intervening Monday is a holiday; |
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| 50 | 50 | | [(3) 11:59 a.m. on the Wednesday following a Saturday |
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| 51 | 51 | | notification if the intervening Monday is a holiday; or |
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| 52 | 52 | | [(4)] a time agreed to by the operator and the |
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| 53 | 53 | | excavator. |
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| 54 | 54 | | (d) Not later than 11:59 p.m. on the second business day |
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| 55 | 55 | | [48th hour] after the date [time] the excavator gives to the |
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| 56 | 56 | | notification center notice of intent to excavate, an operator |
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| 57 | 57 | | contacted by the notification center shall notify the excavator of |
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| 58 | 58 | | the operator's plans to not mark the proximate location of an |
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| 59 | 59 | | underground facility at or near the site of the proposed |
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| 60 | 60 | | excavation. The operator must provide the notification by e-mail |
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| 61 | 61 | | or facsimile or by another verifiable electronic method approved by |
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| 62 | 62 | | the board. |
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| 63 | 63 | | SECTION 4. The following provisions of the Utilities Code |
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| 64 | 64 | | are repealed: |
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| 65 | 65 | | (1) Section 251.002(14); and |
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| 66 | 66 | | (2) Section 251.151(b). |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2025. |
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