85R12342 JXC-F     By: Bonnen of Galveston H.B. No. 3162       A BILL TO BE ENTITLED   AN ACT   relating to the duty of an excavator to notify a notification center   or to make a 9-1-1 emergency call in response to underground   facility damage or an emergency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 Sections   [Section] 251.151 and 251.155:                (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)  for an excavation that is not an emergency, 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;   and                (8)  for an emergency excavation, information about the   conditions that create the emergency.          SECTION 2.  Sections 251.155(b) and (c), Utilities Code, are   amended to read as follows:          (b)  If the emergency involves a flammable material, the   [The] excavator:                (1)  may begin emergency excavation under Subsection   (a) immediately, before notifying a notification center;                (2)  shall notify a notification center as promptly as   practicably possible; and                (3)  shall take reasonable care to protect underground   facilities.          (c)  If the emergency does not involve a flammable material,   the excavator:                (1)  [When an emergency exists, the excavator] shall   notify a notification center as promptly as practicably possible;                (2)  may begin emergency excavation only after   notifying the notification center; and                (3)  shall take reasonable care to protect underground   facilities.          SECTION 3.  Section 251.159, Utilities Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:          (a)  If an excavation operation results in damage to an   underground facility, including the defacing, scraping,   displacement, penetration, destruction, or partial or complete   severance or weakening of a protective coating, housing, or other   protective device or structural or lateral support of a pipeline,   the excavator shall immediately contact a notification center [the   underground facility operator] to report the damage and, except as   provided by Subsection (b), contact the underground facility   operator.          (a-1)  If an excavation operation results in a release of   materials transported by an underground facility, the excavator   shall immediately make a 9-1-1 emergency call to report the   release.  Immediately after concluding the 9-1-1 emergency call,   the excavator shall contact a notification center to report the   release and, except as provided by Subsection (b), contact the   underground facility operator.          (b)  If the excavator is not certain of the operator's   identity, the excavator shall contact a notification center to   report the damage, after complying with Subsection (a-1), if   applicable, 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.          SECTION 4.  This Act takes effect September 1, 2017.