Sec. 251.156.  OTHER EXCEPTIONS TO DUTY OF EXCAVATORS.  (a)  Section 251.151 does not apply to:
(1)  interment operations of a cemetery;
(2)  operations at a secured facility if:
(A)  the excavator operates each underground facility at the secured facility, other than those within a third-party underground facility easement or right-of-way;  and
(B)  the excavation activity is not within a third-party underground facility or right-of-way;
(3)  routine railroad maintenance within 15 feet of either side of the midline of the track if the maintenance will not disturb the ground at a depth of more than 18 inches;
(4)  activities performed on private property in connection with agricultural operations;
(5)  operations associated with the exploration or production of oil or gas if the operations are not conducted within an underground facility easement or right-of-way;
(6)  excavations by or for a person that:
(A)  owns, leases, or owns a mineral leasehold interest in the real property on which the excavation occurs;  and
(B)  operates all underground facilities located at the excavation site;  or
(7)  routine maintenance by a county employee on a county road right-of-way to a depth of not more than 24 inches.
(b)  If a person excepted under Subsection (a)(4) elects to comply with this chapter and the operator fails to comply with this chapter, the person is not liable to the underground facility owner for damages to the underground facility.
(c)  In this section:
(1)  "Agricultural operations" means activities performed on land and described by Section 23.51(2), Tax Code.
(2)  "Routine maintenance" means operations, not to exceed 24 inches in depth, within a road or drainage ditch involving grading and removal or replacement of pavement and structures.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.