HBA-MSH, TBM H.B. 1669 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1669 By: Turner, Bob Public Safety 7/18/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, an excavator was required to contact a notification center 48 hours before they begin to dig. The notification center was then required to contact any operators of underground facilities that are used to produce, store, convey, transmit, or distribute electrical energy, gas, petroleum, steam, telecommunications service, or certain liquids (operator) that may have had lines in the area where an excavator planned to dig. Upon receiving notification, operators were required to mark the location of those underground facilities prior to the 48 hour deadline only if the operator believes that marking the location is necessary. The operator was not required to notify the excavator of a decision to mark or not to mark, which can delay excavation. House Bill 1669 requires an operator to notify an excavator of a decision not to mark the location of underground facilities no later than 48 hours after the time the excavator gives notice of intent to excavate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1669 amends the Utilities Code to provide that not later than the 48th hour after the time the excavator gives to the notification center notice of an intent to excavate, an operator of an underground facility contacted by the notification center is required to 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 bill provides that the operator must provide the notification by e-mail, facsimile, or by another electronic method approved by the board of directors of the Texas Underground Facility Notification Corporation (board). The bill provides that the excavator must include in a notice of an intent to excavate sent to a notification center, a telephone facsimile number, e-mail address, or another verifiable electronic number or address approved by the board to which an operator may send the notification of intent not to mark. EFFECTIVE DATE November 1, 2001.