TITLE: Relating to the time frame required for excavation notification.

SUMMARY: Relating to the time frame required for excavation notification.

FULL TEXT:
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 Bunderground 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.