Sec. 251.158. DUTY OF OPERATOR IN EVENT OF AN EXTRAORDINARY CIRCUMSTANCE. (a) The deadline prescribed by Section 251.157(a) does not apply if the operator experiences an extraordinary circumstance due to an act of God, including a tornado, a hurricane, an ice storm, or a severe flood, or a war, riot, work stoppage, or strike that limits personnel or resources needed to fulfill the operator's obligations under this chapter.
(b) The operator shall notify a notification center of the extraordinary circumstance and shall include in the notification:
(1) the nature and location of the extraordinary circumstance;
(2) the expected duration of the situation and the approximate time at which the operator will be able to resume location request activities; and
(3) the name and telephone number of the individual that the notification system can contact if there is an emergency that requires the operator's immediate attention.
(c) In addition to the notification required by Subsection (b), the operator shall also notify each excavator that has a pending location request in the location where an extraordinary circumstance is being experienced and shall include in the notification:
(1) the fact that the operator is experiencing an extraordinary circumstance; and
(2) the approximate time at which the operator will mark the requested location.
(d) A notification center shall inform each excavator notifying the system under Section 251.151 that the operator's location request activities are suspended until the extraordinary circumstance has discontinued or has been corrected within the affected location.
(e) An excavator is relieved from all provisions of this chapter until the operator notifies the notification center that the operator has resumed location request activities within the affected location.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
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