HBA-DMD S.B. 1099 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1099 By: Cain Public Safety 5/3/1999 Engrossed BACKGROUND AND PURPOSE Under current Texas law, contractors of the Texas Department of Transportation (TxDOT) are exempt from the required notification prior to excavation work that is less than 24 inches in depth and no more than 10 feet from the right of way line. TxDOT generally limits the placement of utilities to an area near a right of way line. Compliance with this law is projected to cost TxDOT 17,280 man-hours per year. S.B. 1099 exempts an excavation by an employee of TxDOT on a segment of the state highway system, provided that it is more than 10 feet from the right-of-way line. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(d), Article 9033, V.T.C.S. (Underground Facility Damage Prevention and Safety Act), to delete a provision that exempts an excavation by an employee of the Texas Department of Transportation (TxDOT) on a segment of the state highway system, provided that the excavation is less than 24 inches in depth and no more than 10 feet from the right-of-way line. The deletion exempts an excavation by an employee of TxDOT on a segment of the state highway system, provided that it is more than 10 feet from the right-of-way line. Make a conforming change. SECTION 2.Emergency clause. Effective date: upon passage.