Texas Utilities Code

§ 251.155 — EXCEPTION IN CASE OF EMERGENCY; OFFENSE

UT § 251.155Title 5. PROVISIONS AFFECTING THE OPERATION OF UTILITY FACILITIES · Ch. 251. UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY · Art. D. REQUIREMENTS RELATING TO EXCAVATION

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(a)Section 251.151 does not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate reestablishment of service if service is interrupted compels immediate action.

(b)The excavator may begin emergency excavation under Subsection (a) immediately and shall take reasonable care to protect underground facilities.

(c)When an emergency exists, the excavator shall notify a notification center as promptly as practicably possible.

(d)An excavator may not misrepresent a fact or circumstance used in the determination of an emergency excavation under Subsection (a). A person that violates this subsection is subject to a penalty under:

(1)Section 251.201;

(2)Section 251.203; or

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 184 (S.B. 1217), Sec. 1, eff. September 1, 2011.