HBA-MSH, TBM C.S.H.B. 1669 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1669
By: Turner, Bob
Public Safety
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, an excavator is required to contact a notification center 48
hours before they begin to dig.  The notification center is 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 lines in the area where an excavator plans to dig.  Upon
receiving notification, operators are 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 is
not required to notify the excavator of a decision to mark or not to mark,
which can delay excavation. C.S.H.B. 1669 requires an operator to notify an
excavator of a decision not to mark the location of underground facilities
no later than 36 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

C.S.H.B. 1669 amends the Utilities Code to provide that not later than the
36th 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 requires
the excavator to include in a notice of an intent to excavate sent to a
notification center, a telephone facsimile number, e-mail address, or
another 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1669 differs from the original by requiring an operator to notify
the excavator of the operator's plans not to mark the proximate location of
an underground facility no later than 36 hours after the excavator notifies
the notification center, whereas the original bill required an operator no
later than 24 hours before the excavation is set to begin to notify the
excavator of the operator's plans to mark or not to mark.  The substitute
provides that the operator must provide the notification of intent to not
mark by an approved electronic method and requires the excavator to include
certain contact information to which an operator may send the notification
of intent not to mark.  The substitute changes the effective date of the
Act from September 1, 2001 to November 1, 2001.