Sec. 251.159. EXCAVATION DAMAGE. (a) If an excavation operation results in damage to an underground facility, the excavator shall immediately contact the underground facility operator to report the damage.
(b) If the excavator is not certain of the operator's identity, the excavator shall contact a notification center to report the damage, 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.
(c) Only the operator or a person authorized by the operator may perform repairs, and the repairs must be made in an expeditious manner.
(d) An excavator shall delay backfilling in the immediate area of the damage until the damage is reported to the operator and a repair schedule is mutually agreed to by the excavator and the operator.
(e) If damage endangers life, health, or property because of the presence of flammable material, the excavator shall keep sources of ignition away.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
Structure Texas Statutes
Title 5 - Provisions Affecting the Operation of Utility Facilities
Chapter 251 - Underground Facility Damage Prevention and Safety
Subchapter D. Requirements Relating to Excavation
Section 251.151. Duty of an Excavator
Section 251.152. Information Included in Notice
Section 251.153. Duty of Notification Center
Section 251.154. Notification by an Excavator
Section 251.155. Exception in Case of Emergency; Offense
Section 251.156. Other Exceptions to Duty of Excavators
Section 251.157. Duty of Operator to Person Excavating
Section 251.158. Duty of Operator in Event of an Extraordinary Circumstance