Honorable D. C. Qreer 

State Highway Engineer 

Texas HI 

Austin 1 & 

hway Department 

, Texas 

Dear Mr. Greer: 

: Opinion No..C-139 

Re: Authority of Highway 

Commission to refuse 

permits to place gas 

pipelines on highway 

right of ways. 

In your letter request, you inquire If the Highway Commission 

has:dlsctietlonary authorit'y to grant &? refuse applications to 

permXt gas transportation pipelines. along highway right of ways 

that are not Intended to service the roadside development adjacent 

to the particular sectaon of highway Involved but are for the 

transportation of gas usually under considerable pressure to some 

other area where lo&al service might be Indicated. 

Article 1436b, Vernona' Civil Statutes, reads as follows: 

"Use of'roads and sttieets In distribution of gas" 

Section 1. 'Any person, firm or corporation or lncorporated city or town engaged In the business of 

transporting or distributing gas 

tion 

for public consumpshall have the power to lay 

mains, conductors 

and maintain pipes, 

and other facilities used for cond tingg th Rh, tinder; 

a:"1 publirhlg%&, 

along. across and over 

public roads, public streets 

and alleys, and public waters,wlthl this State; 

vided that 

proHIthIn the~corporate 1iGts of an lncorporeted city br Incorporated town such right shall 

be dependent upon the consent and subject to the governing body. &y such person, firm or corporation 

poreted city br lncorporetied town such right shall 

be dependent upon the consent and subject to the governing body. &y such person, firm or corporation 

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Honorable D. C. Gre,er, page ! (Opinion No. CT139 

or Incorporated city or town shall notify the State 

Highway Commission oP~%he:Qommlssloners' Court having jurisdiction, as the case may be, when It proposes 

to lay any such pipes, mains, conductors and other 

fixtures for conducting gas within the right of way 

of any State highway or county road outside the limits 

of en Incorporated city 6F Incorporated town, whereupon the Highway Commission or the Commlssloners~ 

Court, If It so desires, may designate the place upon 

the right of way where the same shall be ,lald. The 

public agency having jurisdiction or control of a 

highway or county road, that Is, the Highway Commission or the Commissioners' Court, as the case may 

be, may require any such person, firm or corporation 

or Incorporated city or town at Its own expense to 

relocete.lts pipes, malnsj conductors or~other f%xtures for,conductlng gas on a state highway or county 

roed.outslde the limit6 of an Incorporated city ore 

Incorporated town so as tb ~~~~~,~~,~~~~$io~r~a~~ 

changing of traffic lanea, 

written notice to such person, firm or corporation 

or Incorporated c$ty or town and specifying th$ facility or facilities to be moved and Indicating the 

place oh the new right,-of.way where such~~'fecllity T 

or facllltles may be placed., Such person, firm or 

corporation or Incorporated city ortown shall replace 

the grade and;surCace of such,'road,or h~g~~~,at Its : 

'~ 'own expense. 'I 8. ., 

Yn arriving et leglsla$lve lhtent,'l~'ls of &mazy lmportance 

enacted." 

tb: ascertain the purpose for which the'stetute was 

City of Meson v. West Texas Utllltles Co., 150 Tex. 

18, 237 S.ti.2d 273, (1951) . 

The purpose clause of Article 1436b as passed by the 

legislature, June 21, 1951, Acts.1951, 52nd Legislature, 

p. 829, Chapter 470 Is as follows:. 

"An act to fecllltate~ and encourage the 

distribution of gas ?&the lnhribltatitti 

of cltles~,,towns, villages end rural areas 

of the State of Texas by providing that 

any person, firm or~corporetlon or any 

Incorporated city or tOwn engaging In the 

business of transporting or dlstribut+g 

gas for public consumption may lay and 

malnt+ln pipes, mains, conductors and,other 

f~cllltles used for conducting gas through, 

under, along, across and over all public 

highways, public roads, public streets and 

alleys,. . .' 

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r- . 

-t 

Honorable D. C. Greer, page 3 (Opinion No. C-139) 

The purpose clause Indicates and the act itself specifically provides that it is intended to apply to gas transporting 

companies as well as gas distributing companies who furnish gas 

for public consumption. The fact that they do not service the 

adjacent area Is, In our opinion, immaterial as this does not 

prevent the gas from being ultimately used for public consumption. 

The Statute does provide that the Highway Commission may, 

If it so desires, designate the place on the highway right 

of way where the pipeline may be placed and that it can require 

the party to relocate the pipeline so as to permit the widening 

or changing of traffic lanes. This Is the only authority granted 

to the Highway Commission under the Act. 

It follows that this office 1s of the opinion that a party 

In the business of transportation or distributing gas Intended 

for public consumption 1s authorized under Article 1436b V.C.S. 

to lay and maintain pipelines along state highway rightof ways 

after notifying the Highway Commission: 

SUMMARY 

The Highway Commission has no authority to refuse permits 

to place gas pipelines along highway right of ways, but the 

Commission may designate the place upon the right of way where 

the same shall be laid end may require the relocation of the 

pipeline so as to permit the widening or changing of traffic 

lanes. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

BY: 

Assistant Attorney General 

APPROVED: 

Opinion Committee 

W. V. Geppert, Chairman 

F. William Colburn 

Grady Chandler 

Gordan Zuber 

William Hemphill 

"APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone' 

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