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.