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Tex. Util. Code § 251.151

DUTY OF AN EXCAVATOR

Known as the Underground Facility Damage Prevention and Safety Act

The act spans §§ 251–251 (41 sections).

Applied in 2 court decisions — leading case Seaway Products Pipeline Co. v. Hanley (2004)

Most recently applied in City of San Antonio ex rel. City Public Service Board v. Tommy Harral Construction, Inc. (August 2016)

Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff

(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 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.

(b) Notwithstanding Subsection (a), if an excavator makes a Saturday notification, the excavator may begin the excavation the following Tuesday at 11:59 a.m. unless the intervening Monday is a holiday. If the intervening Monday is a holiday, the excavator may begin the excavation the following Wednesday at 11:59 a.m.

(c) To have a representative present during the excavation, the operator shall contact the excavator and advise the excavator of the operator's intent to be present during excavation and confirm the start time of the excavation. If the excavator wants to change the start time, the excavator shall notify the operator to set a mutually agreed-to time to begin the excavation.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.