reglab/housing_qa huggingface dataset:
TX Util § 251.102 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.102. General Duties of Notification Center

Sec. 251.102.  GENERAL DUTIES OF NOTIFICATION CENTER.  A notification center shall:(1)  operate 24 hours a day every day of the year;(2)  have the capability to receive emergency information 24 hours a day from excavators and disseminate the information as soon as it is received to the appropriate operators and to all registered and affected notification centers operating in this state;(3)  have the capacity to receive extraordinary circumstance information 24 hours a day from operators and disseminate the information as soon as it is received to all registered and affected notification centers;(4)  submit to the corporation, not later than May 15 of each year, a pro rata share of the expense, as established by the corporation, of the statewide toll-free telephone number and the call router;(5)  provide, on request of an excavator, a contact name and telephone number of a representative of the operator for special circumstances;  and(6)  have personnel capable of assisting Spanish-speaking customers.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.103 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.103. Records

Sec. 251.103.  RECORDS.  (a)  A notification center shall maintain for not less than four years a record to document:(1)  the receipt of a notice of:(A)  intent to excavate;(B)  damage to an underground facility;(C)  an emergency excavation;  and(D)  an extraordinary circumstance;(2)  the information the excavator is required to provide to the notification center under this chapter;(3)  contact with operators and other notification centers;  and(4)  the information the notification center provided to the excavator.(b)  A notification center may not destroy records that relate to any matter that is involved in litigation if the notification center is placed on notice that the litigation has not been finally resolved.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.104 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.104. Insurance

Sec. 251.104.  INSURANCE.  A notification center shall, at all times, maintain a minimum of $5 million professional liability and errors and omissions insurance to cover duties prescribed by this chapter.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.105 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.105. Fees and Charges

Sec. 251.105.  FEES AND CHARGES.  (a)  A notification center that notifies another notification center under Section 251.102(2) or (3) or Section 251.153(b) shall recover an amount not exceeding the actual cost of providing the notice from the notification center receiving the notice.(b)  The notification center shall charge a Class A underground facility operator not more than $1.25 for a call made to the system that affects the operator.  The board may increase or decrease the maximum charge only on an affirmative vote of at least two-thirds of the total number of votes entitled to be cast.  A notification center may petition the corporation for an increase in the maximum charge and is entitled to the increase on proof that costs exceed the maximum charge.(c)  The notification center may not charge an operator any additional fee such as an initiation fee, a membership fee, or a set-up fee.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.106 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.106. Payments to Corporation

Sec. 251.106.  PAYMENTS TO CORPORATION.  Each time a notification center receives a call from an excavator under Section 251.151, the notification center shall pay the corporation five cents. The corporation shall waive this charge for the remainder of any year in which the corporation receives $250,000 under this section.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 652, Sec. 1, eff. Sept. 1, 2001.|
TX Util § 251.107 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter C. Notification Centers|Section 251.107. Duty to Participate in Notification Center

Sec. 251.107.  DUTY TO PARTICIPATE IN NOTIFICATION CENTER.  (a)  Each operator of a Class A underground facility, including a political subdivision of this state, shall participate in a notification center as a condition of doing business in this state.(b)  Each operator of a Class A underground facility shall provide to the notification center:(1)  maps or grid locations or other identifiers determined by the operator indicating the location of the operator's underground facilities;(2)  the name and telephone number of a contact person or persons;  and(3)  at least quarterly but, if possible, as those changes occur, information relating to each change in the operator's maps or grid locations or other identifiers or in the person or persons designated as the operator's contact person or persons.(c)  The notification center may not require an operator to conduct a survey of the operator's underground facilities or alter the operator's existing signage.(d)  A notification center may not disseminate, make available, or otherwise distribute maps or information provided by an operator unless that action is necessary to perform the notification center's specific obligations under this chapter.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.151 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.151. Duty of an Excavator

Sec. 251.151.  DUTY OF AN EXCAVATOR.  (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 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.(b)  Notwithstanding Subsection (a), if an excavator makes a Saturday notification, the excavator may begin the excavation the following Tuesday at 11:59 a.m. unless the intervening Monday is a holiday.  If the intervening Monday is a holiday, the excavator may begin the excavation the following Wednesday at 11:59 a.m.(c)  To have a representative present during the excavation, the operator shall contact the excavator and advise the excavator of the operator's intent to be present during excavation and confirm the start time of the excavation.  If the excavator wants to change the start time, the excavator shall notify the operator to set a mutually agreed-to time to begin the excavation.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.152 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.152. Information Included in Notice

Sec. 251.152.  INFORMATION INCLUDED IN NOTICE.  The excavator shall include in the notice required under Section 251.151:(1)  the name of the person serving the notice;(2)  the location of the proposed area of excavation, including:(A)  the street address, if available, and the location of the excavation at the street address;  or(B)  if there is no street address, an accurate description of the excavation area using any available designations such as the closest street, road, or intersection;(3)  the name, address, and telephone number of the excavator or the excavator's company;(4)  the excavator's field telephone number, if one is available;(5)  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 required by Section 251.157(d);(6)  the starting date and time and the anticipated completion date of excavation;  and(7)  a statement as to whether explosives will be used.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 858, Sec. 1, eff. Nov. 1, 2001.|
TX Util § 251.153 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.153. Duty of Notification Center

Sec. 251.153.  DUTY OF NOTIFICATION CENTER.  (a)  At the time an excavator provides a notification center with the excavator's intent to excavate, the notification center shall advise the excavator that water, slurry, and sewage underground facilities in the area of the proposed excavation may not receive information concerning the excavator's proposed excavation.(b)  Not later than two hours after the time the notification center receives a notice of intent to excavate from an excavator, the notification center shall provide to every other affected notification center operating in this state the information required by Section 251.152 and received from the excavator.  The notification center shall provide the information by the use of high speed data transmission.(c)  Not later than two hours after the time the notification center receives a notice of intent to excavate from an excavator or from a different notification center, the notification center shall notify each member operator that may have an underground facility in the vicinity of the proposed excavation operation.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.154 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.154. Notification by an Excavator

Sec. 251.154.  NOTIFICATION BY AN EXCAVATOR.  (a)  A person required to provide notice under this chapter is considered to have provided the notice when the person delivers the required information and a notification center receives that information within the time limits prescribed by this chapter.(b)  A person may deliver information required under this chapter by any appropriate method, including the use of any electronic means of data transfer.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.155 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.155. Exception in Case of Emergency; Offense

Sec. 251.155.  EXCEPTION IN CASE OF EMERGENCY; OFFENSE.  (a)  Section 251.151 does not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate reestablishment of service if service is interrupted compels immediate action.(b)  The excavator may begin emergency excavation under Subsection (a) immediately and shall take reasonable care to protect underground facilities.(c)  When an emergency exists, the excavator shall notify a notification center as promptly as practicably possible.(d)  An excavator may not misrepresent a fact or circumstance used in the determination of an emergency excavation under Subsection (a).  A person that violates this subsection is subject to a penalty under:(1)  Section 251.201;(2)  Section 251.203; or(3)  both Section 251.201 and Section 251.203.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 184 (S.B. 1217), Sec. 1, eff. September 1, 2011.|
TX Util § 251.156 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.156. Other Exceptions to Duty of Excavators

Sec. 251.156.  OTHER EXCEPTIONS TO DUTY OF EXCAVATORS.  (a)  Section 251.151 does not apply to:(1)  interment operations of a cemetery;(2)  operations at a secured facility if:(A)  the excavator operates each underground facility at the secured facility, other than those within a third-party underground facility easement or right-of-way;  and(B)  the excavation activity is not within a third-party underground facility or right-of-way;(3)  routine railroad maintenance within 15 feet of either side of the midline of the track if the maintenance will not disturb the ground at a depth of more than 18 inches;(4)  activities performed on private property in connection with agricultural operations;(5)  operations associated with the exploration or production of oil or gas if the operations are not conducted within an underground facility easement or right-of-way;(6)  excavations by or for a person that:(A)  owns, leases, or owns a mineral leasehold interest in the real property on which the excavation occurs;  and(B)  operates all underground facilities located at the excavation site;  or(7)  routine maintenance by a county employee on a county road right-of-way to a depth of not more than 24 inches.(b)  If a person excepted under Subsection (a)(4) elects to comply with this chapter and the operator fails to comply with this chapter, the person is not liable to the underground facility owner for damages to the underground facility.(c)  In this section:(1)  "Agricultural operations" means activities performed on land and described by Section 23.51(2), Tax Code.(2)  "Routine maintenance" means operations, not to exceed 24 inches in depth, within a road or drainage ditch involving grading and removal or replacement of pavement and structures.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.157 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.157. Duty of Operator to Person Excavating

Sec. 251.157.  DUTY OF OPERATOR TO PERSON EXCAVATING.  (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)  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(4)  a time agreed to by the operator and the excavator.(b)  An operator shall refer to the American Public Works Association color coding standards when marking.(c)  An excavator who has fully complied with this chapter may not be liable for damage to an underground facility that was not marked in accordance with this chapter.(d)  Not later than 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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 858, Sec. 2, eff. Nov. 1, 2001.|
TX Util § 251.158 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.158. Duty of Operator in Event of an Extraordinary Circumstance

Sec. 251.158.  DUTY OF OPERATOR IN EVENT OF AN EXTRAORDINARY CIRCUMSTANCE.  (a)  The deadline prescribed by Section 251.157(a) does not apply if the operator experiences an extraordinary circumstance due to an act of God, including a tornado, a hurricane, an ice storm, or a severe flood, or a war, riot, work stoppage, or strike that limits personnel or resources needed to fulfill the operator's obligations under this chapter.(b)  The operator shall notify a notification center of the extraordinary circumstance and shall include in the notification:(1)  the nature and location of the extraordinary circumstance;(2)  the expected duration of the situation and the approximate time at which the operator will be able to resume location request activities;  and(3)  the name and telephone number of the individual that the notification system can contact if there is an emergency that requires the operator's immediate attention.(c)  In addition to the notification required by Subsection (b), the operator shall also notify each excavator that has a pending location request in the location where an extraordinary circumstance is being experienced and shall include in the notification:(1)  the fact that the operator is experiencing an extraordinary circumstance;  and(2)  the approximate time at which the operator will mark the requested location.(d)  A notification center shall inform each excavator notifying the system under Section 251.151 that the operator's location request activities are suspended until the extraordinary circumstance has discontinued or has been corrected within the affected location.(e)  An excavator is relieved from all provisions of this chapter until the operator notifies the notification center that the operator has resumed location request activities within the affected location.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.159 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter D. Requirements Relating to Excavation|Section 251.159. Excavation Damage

Sec. 251.159.  EXCAVATION DAMAGE.  (a)  If an excavation operation results in damage to an underground facility, the excavator shall immediately contact the underground facility operator to report the damage.(b)  If the excavator is not certain of the operator's identity, the excavator shall contact a notification center to report the damage, and the notification center shall immediately notify all other affected notification centers.  Immediately on receiving notification, each notification center shall contact each member operator that has underground facilities in or near the area in which the damage occurred.(c)  Only the operator or a person authorized by the operator may perform repairs, and the repairs must be made in an expeditious manner.(d)  An excavator shall delay backfilling in the immediate area of the damage until the damage is reported to the operator and a repair schedule is mutually agreed to by the excavator and the operator.(e)  If damage endangers life, health, or property because of the presence of flammable material, the excavator shall keep sources of ignition away.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.2011 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter E. Penalties|Section 251.2011. Warning Letter and Safety Training Course

Sec. 251.2011.  WARNING LETTER AND SAFETY TRAINING COURSE.  (a)  The board of directors of the corporation shall establish a procedure to ensure that the board verifies that an excavator has violated Section 251.151, 251.152, or 251.159 before giving the excavator a warning letter and requiring the excavator to attend a safety training course under Section 251.201.(b)  The board shall solicit and consider advice and recommendations from excavators in establishing or approving a safety training course that an excavator may be required to attend under Section 251.201.|Added by Acts 2001, 77th Leg., ch. 652, Sec. 3, eff. Sept. 1, 2001.|
TX Util § 251.202 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter E. Penalties|Section 251.202. Allocation of Civil Penalty

Sec. 251.202.  ALLOCATION OF CIVIL PENALTY.  (a)  Fifty percent of the civil penalty collected under Section 251.201 shall be transferred to the county treasurer of the county prosecuting the action and 50 percent of the civil penalty collected under Section 251.201 shall be transferred to the corporation.(b)  The county treasurer shall deposit all money received under this section in the county road and bridge fund.(c)  The corporation shall use the money received under this section to develop public service announcements to educate the public about the statewide one-call notification system and its availability as prescribed by Section 251.060(7).|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.|
TX Util § 251.203 (2021)
2021 Texas Statutes|Utilities Code|Title 5 - Provisions Affecting the Operation of Utility Facilities|Chapter 251 - Underground Facility Damage Prevention and Safety|Subchapter E. Penalties|Section 251.203. Criminal Penalty

Sec. 251.203.  CRIMINAL PENALTY.  (a)  A person commits an offense if:(1)  the person without authorization from the owner or operator of the facility intentionally removes, damages, or conceals a marker or sign giving information about the location of a Class A underground facility;  and(2)  the marker or sign gives notice of the penalty for intentional removal, damage, or concealment of the marker or sign.(a-1)  A person commits an offense if the person intentionally or recklessly violates Section 251.155(d).(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 184 (S.B. 1217), Sec. 3, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 184 (S.B. 1217), Sec. 4, eff. September 1, 2011.|