89R2714 JDK-F     By: Gerdes H.B. No. 1335       A BILL TO BE ENTITLED   AN ACT   relating to underground facility safety.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 251.002(13), Utilities Code, is amended   to read as follows:                (13)  "Underground facility" means a line, cable,   pipeline system, conduit, or structure that is located partially or   totally underground and that is used to produce, store, convey,   transmit, or distribute:                      (A)  any form of telecommunications service,   including voice, data, video, or optical transmissions or cable   television service;                      (B)  electrical energy;                      (C)  natural or synthetic [, electricity,] gas;                      (D)  petroleum or petroleum products;                      (E)[,] water;                      (F)  slurry;                      (G)[,] sewage;                      (H)[,] steam; [,] or                      (I)  any other material or liquids such as   [petroleum, petroleum products, or] hazardous liquids.          SECTION 2.  Section 251.009, Utilities Code, is amended to   read as follows:          Sec. 251.009.  PROVISION OF GENERAL INFORMATION. At least   once each calendar year, at intervals not exceeding 15 months, each   [Class A underground facility] operator who conveys, transmits, or   distributes by means of its underground facilities service   [directly to more than one million residential customers] within   this state shall provide all of its residential customers in this   state general information about excavation activities covered by   this chapter and the statewide toll-free telephone number   established by the corporation.          SECTION 3.  Section 251.060, Utilities Code, is amended to   read as follows:          Sec. 251.060.  DUTIES OF CORPORATION.  The corporation   shall develop and implement processes to:                (1)  maintain a registration of [:                      [(A)] notification centers as provided by Section   251.101(a)(3);                      [(B)  operators who elect to convert facilities to   Class A facilities under Section 251.005(a); or                      [(C)  operators who elect to become Class A   underground facility operators under Section 251.005(b);]                (2)  establish minimum technical standards used by   notification centers;                (3)  establish a statewide toll-free telephone number   to be used by excavators that incorporates the use of a call router   system that routes calls to the notification centers on a pro rata   basis;                (4)  oversee the bid process and select the vendor for   the statewide toll-free telephone number;                (5)  oversee the bid process and select the vendor for   the call router system;                (6)  determine before May 1 of each year the   cost-sharing between the notification centers of:                      (A)  the toll-free telephone number; and                      (B)  the call router system prescribed by Section   251.102(4);                (7)  develop public service announcements to educate   the public about statewide one-call notification and its   availability;                (8)  establish a format for information transfer among   notification centers other than high speed data transmission, if   appropriate;                (9)  on a complaint concerning charges, investigate and   determine appropriate charges;                (10)  recommend a civil penalty against a notification   center that does not meet the requirements of this chapter of not   less than $1,000 or more than $5,000 for each violation;                (11)  refer the recommended penalty to the attorney   general, who shall institute a suit in a court of competent   jurisdiction to recover the penalty;                (12)  assist in dispute resolution among notification   centers or between a notification center and an operator;                (13)  assist any operator who encounters difficulty in   joining a notification center; and                (14)  review and study design standards for the   placement of underground facilities throughout this state.          SECTION 4.  Section 251.062(b), Utilities Code, is amended   to read as follows:          (b)  Before January 15 of each year, each [a Class A   facility] operator shall pay to the corporation a fee of $50 for   services to be performed by the corporation during that calendar   year. A fee for a part of a year may not be prorated.          SECTION 5.  Section 251.105(b), Utilities Code, is amended   to read as follows:          (b)  The notification center shall charge an [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.          SECTION 6.  Sections 251.107(a) and (b), Utilities Code, are   amended to read as follows:          (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.          SECTION 7.  Section 251.157(a), Utilities Code, is 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)  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.          SECTION 8.  Section 251.159(a), Utilities Code, is amended   to read as follows:          (a)  If an excavation operation results in damage to an   underground facility, the excavator shall immediately contact the   [underground facility] operator of the facility to report the   damage.          SECTION 9.  Section 251.203(a), Utilities Code, is amended   to read as follows:          (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   an [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.          SECTION 10.  The following provisions of the Utilities Code   are repealed:                (1)  Sections 251.002(1) and (2); and                (2)  Section 251.005.          SECTION 11.  This Act takes effect September 1, 2025.