HB 3791

relating to the time frame required for excavation notification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 251.002, Utilities Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
(1)  "Business day" means a day other than:
(1-a) "Class A underground facility" means an
underground facility that is used to produce, store, convey,
(C)  petroleum or petroleum products;
(E)  any form of telecommunications service,
including voice, data, video, or optical transmission, or cable
(F)  any other liquid, material, or product not
defined as a Class B underground facility.
SECTION 2.  Section 251.151(a), Utilities Code, is amended
(a)  Except as provided by Sections 251.155 and 251.156, a
person who intends to excavate shall notify a notification center
not earlier than the 14th business day or later than the 3rd
business day before the date the excavation is to begin [or later
than the 48th hour before the time the excavation is to begin,
excluding Saturdays, Sundays, and legal holidays].
SECTION 3.  Sections 251.157(a) and (d), Utilities Code, are
(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)  11:59 p.m. on the second business day [48th hour]
after the date [time] the excavator gives to the notification
system notice of intent to excavate[, excluding Saturdays, Sundays,
(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
(d)  Not later than 11:59 p.m. on the second business day
[48th hour] after the date [time] the excavator gives to the
notification center notice of intent to excavate, an operator
contacted by the notification center shall notify the excavator of
the operator's plans to not mark the proximate location of an
underground facility at or near the site of the proposed
excavation.  The operator must provide the notification by e-mail
or facsimile or by another verifiable electronic method approved by
SECTION 4.  The following provisions of the Utilities Code
SECTION 5.  This Act takes effect September 1, 2025.