85R12219 JXC-F
	By: Hall	S.B. No. 2098

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for underground facility damage
	prevention and safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 251.002(6), Utilities Code, is amended
	to read as follows:
	(6)  "Excavator" means an individual who or legal
	entity [a person] that actually excavates or intends to excavate in
	this state.
	SECTION 2.  Subchapter A, Chapter 251, Utilities Code, is
	amended by adding Section 251.0045 to read as follows:
	Sec. 251.0045.  EXCAVATION BY SUBCONTRACTOR. A
	subcontractor who performs an excavation operation may not begin
	the excavation unless the subcontractor has complied with the
	requirements this chapter imposes on an excavator, regardless of
	whether the general contractor that hired the subcontractor has
	complied with the requirements.
	SECTION 3.  Section 251.151, Utilities Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  Except as provided by Sections 251.155 and 251.156, an
	excavator [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.  An excavator may not excavate:
	(1)  before 8 a.m. on the third day after the date on
	which the excavator gives the notice, excluding Saturdays, Sundays,
	and legal holidays; or
	(2)  after the 21st day after the date on which the
	excavator gives the notice, including Saturdays, Sundays, and legal
	holidays.
	(a-1)  If markings made by an operator after notice is given
	under Subsection (a) for an excavation operation showing the
	location of underground facilities in the excavation area are no
	longer visible, are unclear, or are damaged, the excavator shall
	give another notice under Subsection (a) for the unfinished
	portions of the excavation operation.
	SECTION 4.  Sections 251.157(a) and (d), Utilities Code, are
	amended to read as follows:
	(a)  Each Class A 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 the location is
	necessary. The operator shall mark the location not later than:
	(1)  8 a.m. on the third day following the date on which
	the excavator gives to the notification system notice of intent to
	excavate under Section 251.151(a) [the 48th hour after the time the
	excavator gives to the notification system notice of intent to
	excavate], excluding Saturdays, Sundays, and legal holidays;
	[(2)     11:59 a.m. on the Tuesday following a Saturday
	notification unless the intervening Monday is a holiday;
	[(3)     11:59 a.m. on the Wednesday following a Saturday
	notification if the intervening Monday is a holiday;] or
	(2) [(4)]  a time agreed to by the operator and the
	excavator.
	(d)  Not later than 8 a.m. on the third day following the date
	on which the excavator gives to the notification system notice of
	intent to excavate under Section 251.151(a), excluding Saturdays,
	Sundays, and legal holidays [the 48th hour after the time the
	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
	proximate location of an underground facility at or 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 5.  Section 251.151(b), Utilities Code, is repealed.
	SECTION 6.  This Act takes effect September 1, 2017.