Bill Text: TX HB427 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to information required to be provided to the public about planned excavations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Energy Resources [HB427 Detail]
Download: Texas-2023-HB427-Introduced.html
88R2783 SHH-D | ||
By: VanDeaver | H.B. No. 427 |
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relating to information required to be provided to the public about | ||
planned excavations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 251.151, Utilities Code, is amended by | ||
amending Subsection (a) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(a) Except as provided by Sections 251.155 and 251.156, a | ||
person who intends to excavate shall, [ |
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is to begin or later than the 48th hour before the time the | ||
excavation is to begin, excluding Saturdays, Sundays, and legal | ||
holidays: | ||
(1) notify a notification center; and | ||
(2) place at least one temporary sign at or near the | ||
excavation site that displays the information required to be | ||
included in the notice under Section 251.152. | ||
(d) An excavator may place a sign described by Subsection | ||
(a) only: | ||
(1) on property the owner of which has consented to the | ||
placement; | ||
(2) on a public highway in a location that does not | ||
obstruct traffic; or | ||
(3) on a street lamp or utility sign, pole, or fixture. | ||
(e) An excavator may not remove a sign described by | ||
Subsection (a) until the excavation is complete. | ||
SECTION 2. Section 251.152, Utilities Code, is amended to | ||
read as follows: | ||
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) a telephone number or e-mail address a person can | ||
use to submit questions or complaints concerning the excavation; | ||
(7) the starting date and time and the anticipated | ||
completion date of excavation; and | ||
(8) [ |
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used. | ||
SECTION 3. Section 251.153, Utilities Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) Not later than 48 hours after the time a notification | ||
center receives a notice of intent to excavate from an excavator or | ||
from a different notification center, excluding Saturdays, | ||
Sundays, and legal holidays, the notification center shall provide | ||
to each owner of property in the vicinity of the proposed excavation | ||
operation the information provided to the notification center by | ||
the excavator under Section 251.152. | ||
(e) This subsection applies only to an excavation site in a | ||
county with a population of less than 100,000. Not later than 48 | ||
hours after the time a notification center receives a notice of | ||
intent to excavate from an excavator or from a different | ||
notification center, excluding Saturdays, Sundays, and legal | ||
holidays, the notification center shall provide to the county judge | ||
of the county in which the excavation site is located the | ||
information provided to the notification center by the excavator | ||
under Section 251.152. | ||
SECTION 4. This Act takes effect September 1, 2023. |