Bill Text: TX HB3293 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requirements for addressing and preventing damage to underground utility facilities; imposing a fee; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Energy Resources [HB3293 Detail]
Download: Texas-2013-HB3293-Introduced.html
83R8356 DDT-D | ||
By: Martinez | H.B. No. 3293 |
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relating to requirements for addressing and preventing damage to | ||
underground utility facilities; imposing a fee; creating an | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 251.002, Utilities Code, is amended by | ||
adding Subdivision (16) to read as follows: | ||
(16) "Approximate location" means a strip of land not | ||
wider than the width of the underground facility plus two feet on | ||
either side. | ||
SECTION 2. Section 251.062(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) Before January 15 of each year, a Class A or Class B | ||
facility operator shall pay to the corporation a fee of $50 for | ||
services to be performed by the corporation during that calendar | ||
year. A fee for a part of a year may not be prorated. | ||
SECTION 3. Section 251.105(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) The notification center shall charge a Class A or Class | ||
B underground facility operator not more than $1.25 for a call made | ||
to the system that affects the operator. The board may increase or | ||
decrease the maximum charge only on an affirmative vote of at least | ||
two-thirds of the total number of votes entitled to be cast. A | ||
notification center may petition the corporation for an increase in | ||
the maximum charge and is entitled to the increase on proof that | ||
costs exceed the maximum charge. | ||
SECTION 4. Sections 251.107(a) and (b), Utilities Code, are | ||
amended to read as follows: | ||
(a) Each operator of a Class A or Class B underground | ||
facility, including a political subdivision of this state, shall | ||
participate in a notification center as a condition of doing | ||
business in this state. | ||
(b) Each operator of a Class A or Class B underground | ||
facility shall provide to the notification center: | ||
(1) maps or grid locations or other identifiers | ||
determined by the operator indicating the location of the | ||
operator's underground facilities; | ||
(2) the name and telephone number of a contact person | ||
or persons; and | ||
(3) at least quarterly but, if possible, as those | ||
changes occur, information relating to each change in the | ||
operator's maps or grid locations or other identifiers or in the | ||
person or persons designated as the operator's contact person or | ||
persons. | ||
SECTION 5. Section 251.151(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) Notwithstanding Subsection (a), if an excavator makes a | ||
Saturday notification, the excavator may begin the excavation the | ||
following Wednesday [ |
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SECTION 6. Section 251.156(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Section 251.151 does not apply to: | ||
(1) interment operations of a cemetery; | ||
(2) operations at a secured facility if: | ||
(A) the excavator operates each underground | ||
facility at the secured facility, other than those within a | ||
third-party underground facility easement or right-of-way; and | ||
(B) the excavation activity is not within a | ||
third-party underground facility or right-of-way; | ||
(3) routine railroad maintenance within 15 feet of | ||
either side of the midline of the track if the maintenance will not | ||
disturb the ground at a depth of more than 18 inches; | ||
(4) activities performed on private property in | ||
connection with agricultural operations; | ||
(5) operations associated with the exploration or | ||
production of oil or gas if the operations are not conducted within | ||
an underground facility easement or right-of-way; or | ||
(6) excavations by or for a person that: | ||
(A) owns, leases, or owns a mineral leasehold | ||
interest in the real property on which the excavation occurs; and | ||
(B) operates all underground facilities located | ||
at the excavation site[ |
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SECTION 7. Sections 251.157(a) and (d), Utilities Code, are | ||
amended to read as follows: | ||
(a) Each Class A or Class B underground facility operator | ||
contacted by the notification system shall mark the approximate | ||
location of its underground facilities at or near the site of the | ||
proposed excavation if the operator believes that marking that | ||
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not later than: | ||
(1) the 72nd [ |
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gives to the notification system notice of intent to excavate, | ||
excluding Saturdays, Sundays, and legal holidays; | ||
(2) 11:59 a.m. on the Wednesday [ |
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Saturday notification [ |
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or | ||
(3) [ |
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[ |
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excavator. | ||
(d) Not later than the 72nd [ |
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excavator gives to the notification center notice of intent to | ||
excavate, an operator contacted by the notification center shall | ||
notify the excavator of the operator's plans to not mark the | ||
approximate [ |
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near the site of the proposed excavation. The operator must provide | ||
the notification by e-mail or facsimile or by another verifiable | ||
electronic method approved by the board. | ||
SECTION 8. Section 251.203(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if: | ||
(1) the person without authorization from the owner or | ||
operator of the facility intentionally removes, damages, or | ||
conceals a marker or sign giving information about the location of a | ||
Class A or Class B underground facility; and | ||
(2) the marker or sign gives notice of the penalty for | ||
intentional removal, damage, or concealment of the marker or sign. | ||
SECTION 9. Section 251.153(a), Utilities Code, is repealed. | ||
SECTION 10. (a) The changes in law made by this Act apply | ||
only to conduct occurring on or after the effective date of this | ||
Act. Conduct occurring before the effective date of this Act is | ||
governed by the law in effect on the date the conduct occurred, and | ||
the former law is continued in effect for that purpose. | ||
(b) The operator of an underground facility that is used to | ||
produce, store, convey, transmit, or distribute water, slurry, or | ||
sewage is not required to participate in a notification center as a | ||
condition of doing business in this state or to provide materials | ||
required by law to a notification center until January 1, 2014. | ||
SECTION 11. This Act takes effect September 1, 2013. |