HBA-MSH, TBM H.B. 1669 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1669
By: Turner, Bob
Public Safety
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, an excavator is required to contact a notification center 48
hours before they begin to dig.  The notification center is then required
to contact any operators of underground facilities that are used to
produce, store, convey, transmit, or distribute electrical energy, gas,
petroleum, steam, telecommunications service, or certain liquids (operator)
that may have lines in the area where an excavator plans to dig.  Upon
receiving notification, operators are required to mark the location of
those underground facilities prior to the 48 hour deadline only if the
operator believes that marking the location is necessary.  The operator is
not required to notify the excavator of a decision to mark or not to mark,
which can delay excavation. House Bill 1669 requires an operator to notify
an excavator of a decision to mark or not to mark the location of
underground facilities 24 hours before excavation is to begin. 

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. 

ANALYSIS

House Bill 1669 amends the Utilities Code to provide that not later than
the 24th hour before the time excavation is to begin, an operator of an
underground facility contacted by the notification center is required to
notify the excavator of the operator's plans to mark or not mark the
proximate location of an underground facility at or near the site of the
proposed excavation.   

EFFECTIVE DATE

September 1, 2001.