bill sets a new window for call-before-you-dig notices

The text as introduced · 481 words

89R12289 CS-F

By: Dyson
H.B. No. 3791

A BILL TO BE ENTITLED

AN ACT

relating to the time frame required for excavation notification.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.002, Utilities Code, is amended by

amending Subdivision (1) and adding Subdivision (1-a) to read as

follows:

(1) "Business day" means a day other than:

(A) a Saturday or Sunday; or

(B) a legal holiday.

(1-a) "Class A underground facility" means an

underground facility that is used to produce, store, convey,

transmit, or distribute:

(A) electrical energy;

(B) natural or synthetic gas;

(C) petroleum or petroleum products;

(D) steam;

(E) any form of telecommunications service,

including voice, data, video, or optical transmission, or cable

television service; or

(F) any other liquid, material, or product not

defined as a Class B underground facility.

SECTION 2. Section 251.151(a), Utilities Code, is amended

to read as follows:

(a) Except as provided by Sections 251.155 and 251.156, a

person who intends to excavate shall notify a notification center

not earlier than the 14th business day or later than the 3rd

business 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 ].

SECTION 3. 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) 11:59 p.m. on the second business day [ 48th hour ]

after the date [ time ] the excavator gives to the notification

system notice of intent to excavate[ , excluding Saturdays, Sundays,

and legal holidays ]; or

(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

[ (4) ] a time agreed to by the operator and the

excavator.

(d) Not later than 11:59 p.m. on the second business day

[ 48th hour ] after the date [ 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 4. The following provisions of the Utilities Code

are repealed:

(1) Section 251.002(14); and

(2) Section 251.151(b).

SECTION 5. This Act takes effect September 1, 2025.