reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.036. Utility Cutoff at Recreational Vehicle Park

Sec. 184.036.  UTILITY CUTOFF AT RECREATIONAL VEHICLE PARK.  Notwithstanding any other law, a person who operates a recreational vehicle park, as defined by Section 13.087, Water Code, may withhold electric, water, or wastewater utility services from a person occupying a recreational vehicle at the park if the occupant is delinquent in paying for utility services provided by the operator until the occupant pays the delinquent amount.
Added by Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter D. Central System Utilities › Section 184.051. Definitions

Sec. 184.051.  DEFINITIONS.  In this subchapter:
(1)  "Apartment house" means one or more buildings containing two or more dwelling units rented primarily for nontransient use with rent paid at intervals of one week or longer.
(2)  "Apartment house owner" means the legal titleholder of an apartment house or an individual, firm, or corporation purporting to be the landlord of tenants in the apartment house.
(3)  "Central system utilities" means electricity and water consumed by and wastewater services related to a central air conditioning system, central heating system, central hot water system, or central chilled water system in an apartment house.  The term does not include utilities directly consumed in a dwelling unit.
(4)  "Customer" means an individual, firm, or corporation in whose name a master meter is connected by a utility.
(5)  "Dwelling unit" means one or more rooms that are suitable for occupancy as a residence and that contain kitchen and bathroom facilities.
(6)  "Nonsubmetered master metered utility service" means an electric utility service that is master metered for an apartment house but is not submetered.
(7)  "Tenant" means a person who is entitled to occupy a dwelling unit in an apartment house to the exclusion of others and who is obligated to pay for the occupancy under a written or oral rental agreement.
(8)  "Utility" means a public, private, or member-owned utility that provides electricity, water, or wastewater service to an apartment house served by a master meter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter D. Central System Utilities › Section 184.052. Rules

Sec. 184.052.  RULES.  (a)  The commission shall adopt rules governing billing systems or methods used by an apartment house owner to prorate or allocate among tenants central system utility costs or nonsubmetered master metered utility service costs.
(b)  In addition to other appropriate safeguards for a tenant of an apartment house, a rule adopted under this section must require that:
(1)  a rental agreement contain:
(A)  a clear written description of the method of computing the allocation of central system utilities or nonsubmetered master metered utilities for the apartment house;  and
(B)  a statement of the average apartment unit monthly bill for all apartment units for any allocation of central system utilities' costs or nonsubmetered master metered utility service costs for the previous calendar year;  and
(2)  the apartment house owner:
(A)  not impose a charge on a tenant in excess of the actual charge imposed on the owner for utility consumption by the apartment house;  and
(B)  maintain adequate records, including utility bills and records concerning the central system utility or nonsubmetered master metered utility service consumption of the apartment house, the charges assessed by the utility, and the allocation of central system utilities' costs or nonsubmetered master metered utility service costs to the tenants and make the records available for inspection by the tenants during normal business hours.
(c)  A rule adopted under this section has the same effect as a rule adopted under Title 2, and an owner, operator, or manager of an apartment house subject to this subchapter is subject to enforcement under Sections 15.021, 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter E. Liability for Rule Violation › Section 184.071. Liability

Sec. 184.071.  LIABILITY.  (a)  A landlord who violates a commission rule relating to submetering of electric utilities consumed exclusively in a tenant's dwelling unit or a rule relating to the allocation of central system utility costs or nonsubmetered master metered electric utility costs is liable to the tenant for:
(1)  three times the amount of any overcharge;
(2)  a civil penalty equal to one month's rent;
(3)  reasonable attorney's fees;  and
(4)  court costs.
(b)  A landlord is not liable for the civil penalty provided by Subsection (a)(2) if the landlord proves that the landlord's violation of the rule was an unintentional mistake made in good faith.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 185 - Rating of Solar Energy Devices › Section 185.001. Definitions

Sec. 185.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Public Utility Commission of Texas.
(2)  "Solar energy device" means a solar energy collector or solar energy system that provides for the collection of solar energy or the subsequent use of that energy as thermal, mechanical, or electrical energy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 185 - Rating of Solar Energy Devices › Section 185.002. Compliance

Sec. 185.002.  COMPLIANCE.  A person who rates, labels, or certifies the performance of a solar energy device in this state shall comply with the standards adopted by the commission under this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 185 - Rating of Solar Energy Devices › Section 185.003. Adoption of Standards

Sec. 185.003.  ADOPTION OF STANDARDS.  (a)  The commission shall study and adopt standards for rating solar energy devices.  The standards shall be used in performance labeling and certification of solar energy devices in this state.
(b)  The commission shall examine rating standards and certification programs used by other states and by industry in adopting standards under this section.
(c)  The commission shall adopt the standards that the commission finds are the most widely used unless the commission finds that those standards are not suitable for use in this state.  If the commission finds that a widely used standard is not suitable, the commission may amend the standard or adopt a standard that the commission finds suitable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 185 - Rating of Solar Energy Devices › Section 185.004. Use of National Standards

Sec. 185.004.  USE OF NATIONAL STANDARDS.  If national standards for rating and certifying solar energy devices are developed by a federal agency in conjunction with the states and industry, the commission shall adopt those national standards as the standards for use in this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 185 - Rating of Solar Energy Devices › Section 185.005. Review of Standards

Sec. 185.005.  REVIEW OF STANDARDS.  The commission shall periodically review the standards adopted under this chapter and shall amend those standards as necessary to ensure that the standards are:
(1)  appropriate in view of current technology;  and
(2)  the same as or similar to the standards widely used by other states and by industry.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.001. Definition

Sec. 186.001.  DEFINITION.  In this subchapter, "public utility" means and includes a private corporation that does business in this state and has the right of eminent domain, a municipality, or a state agency, authority, or subdivision engaged in the business of:
(1)  generating, transmitting, or distributing electric energy to the public;
(2)  producing, transmitting, or distributing natural or artificial gas to the public;  or
(3)  furnishing water to the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.002. Policy

Sec. 186.002.  POLICY.  (a)  Continuous service by a public utility is essential to the life, health, and safety of the public.  A person's wilful interruption of that service is a public calamity that cannot be endured.
(b)  A public utility is dedicated to public service.  The primary duty of a public utility, including its management and employees, is to maintain continuous and adequate service at all times to protect the safety and health of the public against the danger inherent in the interruption of service.
(c)  Each court and administrative agency of this state shall:
(1)  recognize the policy stated in this section;  and
(2)  interpret and apply this subchapter in accordance with that policy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.003. Enforcement by Executive Department

Sec. 186.003.  ENFORCEMENT BY EXECUTIVE DEPARTMENT.  In accordance with Section 186.002, the governor, and the department of the executive branch of government under the governor's direction, shall exercise all power available under the constitution and laws of this state to protect the public from dangers incident to an interruption in water, electric, or gas utility service in this state that occurs because of a violation of this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.004. Unlawful Picketing, Threats, or Intimidation

Sec. 186.004.  UNLAWFUL PICKETING, THREATS, OR INTIMIDATION.  (a)  A person may not:
(1)  picket the plant, premises, or other property of a public utility with intent to disrupt the service of that utility or to prevent the maintenance of that service;  or
(2)  engage in picketing that has the effect of disrupting the service of a public utility or preventing the maintenance of that service.
(b)  A person may not:
(1)  intimidate, threaten, or harass an employee of a public utility with intent to disrupt the service of the utility or prevent the maintenance of that service;  or
(2)  intimidate, threaten, or harass an employee of a public utility if that conduct has the effect of disrupting the service of the utility or preventing the maintenance of that service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.005. Restraining Order

Sec. 186.005.  RESTRAINING ORDER.  (a)  A district court shall immediately inquire into the matter if a public utility presents a verified petition to the court:
(1)  alleging that in the judicial district of the court a person is violating or threatening to violate Section 186.004 and that the violation or threatened violation will interfere with the maintenance of adequate water, electric, or gas service;  and
(2)  describing the acts committed in violation of Section 186.004, or the threatened acts that, if committed, will violate Section 186.004.
(b)  If it appears that there is a violation or threatened violation of Section 186.004, the court shall immediately issue an order restraining the person, the person's agent, and any other person acting with them from committing an act prohibited by that section.
(c)  A restraining order issued under this section is effective when the petitioner files with the clerk of the court a good and sufficient bond in an amount set by the court to cover court costs that may reasonably accrue in connection with the case.  A judgment rendered in the case may not be superseded pending appeal.
(d)  Venue for a suit under this section is in any judicial district in which the violation or threat to violate occurs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter A. Continuity of Utility Service › Section 186.006. Employee Rights

Sec. 186.006.  EMPLOYEE RIGHTS.  This subchapter does not limit the right of an employee of a public utility to:
(1)  quit work and leave the employer's premises at any time the employee chooses;  or
(2)  refuse to report for work when the employee does not want to report.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter B. Manipulation of Service for Certain Law Enforcement Purposes › Section 186.021. Emergency Involving Hostage or Armed Suspect

Sec. 186.021.  EMERGENCY INVOLVING HOSTAGE OR ARMED SUSPECT.  (a)  In an emergency in which the supervising law enforcement official having jurisdiction in the geographical area has probable cause to believe that an armed and barricaded suspect or a person holding a hostage is committing a crime, the supervising law enforcement official may order a designated telephone company security official to cut or otherwise control telephone lines to prevent telephone communication by the armed suspect or the hostage holder with a person other than a peace officer or person authorized by a peace officer.
(b)  The serving telephone company in the geographical area of a law enforcement unit shall designate a telephone company security official and an alternate to provide all required assistance to law enforcement officials to carry out this section.
(c)  Good faith reliance on an order given by a supervising law enforcement official under this section is a complete defense to a civil or criminal action brought against a telephone company or the company's director, officer, agent, or employee as a result of compliance with the order.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter C. Fraudulent Obtaining of Service › Section 186.031. Definitions

Sec. 186.031.  DEFINITIONS.  In this subchapter:
(1)  "Publish" means to communicate information to another by any means.
(2)  "Telecommunications service" means the transmission of a message or other information by a public utility, including a telephone or telegraph company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter C. Fraudulent Obtaining of Service › Section 186.032. Fraudulently Obtaining Telecommunications Services

Sec. 186.032.  FRAUDULENTLY OBTAINING TELECOMMUNICATIONS SERVICES.  (a)  A person commits an offense if:
(1)  knowing that another will use the published information to avoid payment of a charge for telecommunications service, the person publishes:
(A)  an existing, cancelled, revoked, or nonexistent telephone number;
(B)  a credit number or other credit device;  or
(C)  a method of numbering or coding that is used in issuing telephone numbers or credit devices, including credit numbers;  or
(2)  the person makes or possesses equipment specifically designed to be used fraudulently to avoid charges for telecommunications service.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $500, by confinement in jail for not more than 60 days, or by both, unless the person has been previously convicted of an offense under this section.  A second or subsequent offense is a felony punishable by a fine of not more than $5,000, by imprisonment in the Texas Department of Criminal Justice for not less than two years and not more than five years, or by both.
(c)  This section does not apply to an employee of a public utility who provides telecommunications service while acting in the course of employment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.156, eff. September 1, 2009.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter C. Fraudulent Obtaining of Service › Section 186.033. Disposition of Certain Equipment

Sec. 186.033.  DISPOSITION OF CERTAIN EQUIPMENT.  (a)  A peace officer may seize equipment described by Section 186.032(a)(2) under a warrant or incident to a lawful arrest.
(b)  If the person who possessed equipment seized under Subsection (a) is convicted under Section 186.032, the court entering the judgment of conviction shall order the sheriff to destroy the equipment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter D. Availability of Emergency Telephone Service › Section 186.041. Definitions

Sec. 186.041.  DEFINITIONS.  In this subchapter:
(1)  "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
(2)  "Party line" means a subscriber's telephone circuit, consisting of two or more main telephone stations connected with the circuit, each station with a distinctive ring or telephone number.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter D. Availability of Emergency Telephone Service › Section 186.042. Obstruction of Emergency Telephone Call; Penalty

Sec. 186.042.  OBSTRUCTION OF EMERGENCY TELEPHONE CALL;  PENALTY.  (a)  A person commits an offense if:
(1)  the person wilfully refuses to relinquish a party line immediately on being informed that the line is needed for an emergency call described by Subdivision (2);  and
(2)  the party line is needed for an emergency call:
(A)  to a fire or police department;  or
(B)  for medical aid or an ambulance service.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not less than $25 and not more than $500;
(2)  confinement in the county jail for not more than one month;  or
(3)  both fine and confinement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter D. Availability of Emergency Telephone Service › Section 186.043. Falsification of Emergency Telephone Call; Penalty

Sec. 186.043.  FALSIFICATION OF EMERGENCY TELEPHONE CALL;  PENALTY.  (a)  A person commits an offense if the person secures the use of a party line by falsely stating that the line is needed for an emergency call:
(1)  to a fire or police department;  or
(2)  for medical aid or an ambulance service.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not less than $25 and not more than $500;
(2)  confinement in the county jail for not more than one month;  or
(3)  both fine and confinement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter D. Availability of Emergency Telephone Service › Section 186.044. Notice of Certain Offenses Required

Sec. 186.044.  NOTICE OF CERTAIN OFFENSES REQUIRED.  (a)  A telephone directory distributed to the public in this state that lists the telephone numbers of an exchange located in this state must contain a notice explaining the offenses under Sections 186.042 and 186.043.  The notice must be:
(1)  printed in type not smaller than the smallest type on the same page;  and
(2)  preceded by the word "warning" printed in type at least as large as the largest type on the same page.
(b)  At least once each year, a person providing telephone service shall enclose in the telephone bill mailed to each person who uses a party line telephone a notice of Sections 186.042 and 186.043.
(c)  This section does not apply to a directory, commonly known as a classified directory, that is distributed solely for business advertising purposes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter D. Availability of Emergency Telephone Service › Section 186.045. Failure to Provide Notice; Penalty

Sec. 186.045.  FAILURE TO PROVIDE NOTICE;  PENALTY.  (a)  A person providing telephone service commits an offense if the person:
(1)  distributes copies of a telephone directory subject to Section 186.044(a) from which the notice required by that section is wilfully omitted;  or
(2)  wilfully fails to enclose in telephone bills the notice required by Section 186.044(b).
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $500.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.051. Definitions

Sec. 186.051.  DEFINITIONS.  In this subchapter:
(1)  "Cable operator" means an entity that owns or operates a cable system, as that term is defined by 47 U.S.C. Section 522, as amended.
(2)  "Common carrier" means a common carrier as described by Section 111.002, Natural Resources Code, or a person who submits to regulation by the state as a common carrier under Article 2.01, Texas Business Corporation Act.
(3)  "Energy transporter" means a person who gathers or transports oil, gas, or oil and gas products by pipeline.
(4)  "Railroad" means an entity that owns, operates, or controls a railroad or property or assets owned or previously owned by a railroad in this state, including agents, assignees, or parties that by contract own, control, or manage railroad rights-of-way, easements, or other real property rights belonging to a railroad.  The term includes interurban and street railroads owned by a private entity but excludes a terminal railroad and a railroad or interurban and street railroad owned by a governmental entity, including a navigation district or port authority, or a wharf.
(5)  "Railroad right-of-way" means the real property rights owned or controlled by a railroad, including fee and easement interests used or previously used as a railroad operating corridor.
(6)  "Utility" means:
(A)  a gas, water, electric, or telecommunications entity that is defined as a utility under the laws of this state;
(B)  an electric cooperative;  or
(C)  a municipally owned utility.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.052. Exemptions

Sec. 186.052.  EXEMPTIONS.  (a)  The inclusion of an energy transporter or cable operator in this subchapter does not subject the transporter or operator to regulation as a utility or common carrier.
(b)  The inclusion of a common carrier in this subchapter does not subject the carrier to regulation as a utility.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.053. Applicability

Sec. 186.053.  APPLICABILITY.  (a)  Except as provided by Section 186.058, this subchapter applies only to facilities along, over, under, or across a railroad or railroad right-of-way in place under a license, agreement, or nonperpetual easement.
(b)  In relation to cable operators, this subchapter applies only to those lines over which the cable operator is offering or transporting high-speed Internet or broadband information services.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.054. Construction and Maintenance of Utility, Common Carrier, Cable Operator, and Energy Transporter Facilities

Sec. 186.054.  CONSTRUCTION AND MAINTENANCE OF UTILITY, COMMON CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER FACILITIES.  (a)  A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or railroad right-of-way as provided by this subchapter to maintain, operate, or upgrade its facilities consistent with preexisting licenses or agreements.
(b)  A utility, common carrier, cable operator, or energy transporter:
(1)  shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities;  and
(2)  may not unreasonably interfere with railroad operations.
(c)  Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if:
(1)  a reasonable alternate route is available;
(2)  a reasonable amount of time is provided;
(3)  substantial interference with the railroad operations is established;  and
(4)  the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.055. Documentation of Rights Acquired

Sec. 186.055.  DOCUMENTATION OF RIGHTS ACQUIRED.  If a railroad requires a utility, common carrier, cable operator, or energy transporter to obtain from the railroad a right to use a railroad right-of-way, the railroad shall produce, if requested in writing, the readily available documentation from the railroad's records indicating the extent of the railroad's right, title, or interest in the property sought to be used by the utility, common carrier, cable operator, or energy transporter.  The utility, common carrier, cable operator, or energy transporter shall reimburse the railroad for the reasonable cost of producing the documentation as required by this section.  The reimbursable cost, including internal costs, may not exceed $500, unless the parties agree otherwise.  A railroad that produces documentation as provided by this section is not limited or prevented from asserting a right, title, or interest in real property based on documentation that has not been produced under this section.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.056. Valuation of Rights Acquired

Sec. 186.056.  VALUATION OF RIGHTS ACQUIRED.  (a)  In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad right-of-way, a utility, common carrier, cable operator, or energy transporter may obtain the right to continuously use the right-of-way through the exercise of eminent domain under Chapter 21, Property Code.
(b)  The award of damages due the railroad under an eminent domain proceeding as provided by Subsection (a) is:
(1)  the market value of the real property interest to be used;  and
(2)  if a portion of the railroad's right-of-way is taken, damages, if any, to the railroad's remaining property.
(c)  The railroad may also recover:
(1)  reasonable costs and expenses for interference with railroad operations, including internal costs for providing flagging services;  and
(2)  reasonable costs and expenses to repair any damage to its facilities caused by the maintenance, operation, or upgrade of the preexisting utility, common carrier, cable operator, or energy transporter facilities.
(d)  The payment by the utility, common carrier, cable operator, or energy transporter determined under this section is the only compensation due to the railroad for the perpetual use of the interest obtained.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.057. Right to Maintain Facilities

Sec. 186.057.  RIGHT TO MAINTAIN FACILITIES.  (a)  A utility, common carrier, cable operator, or energy transporter may not be required to remove an existing facility for 180 days after the date the utility, common carrier, cable operator, or energy transporter receives a written notice from the railroad that an existing facility must be removed from the railroad's right-of-way if:
(1)  the facility was located along, under, over, or across the railroad right-of-way with the written consent of the railroad;  and
(2)  the utility, common carrier, cable operator, or energy transporter is not in default under an agreement with the railroad.
(b)  If a utility, common carrier, cable operator, or energy transporter requests documentation under Section 186.055, the 180-day period provided by Subsection (a) is tolled until the utility, common carrier, cable operator, or energy transporter receives a written response to its request from the railroad.
(c)  If a utility, common carrier, cable operator, or energy transporter does not condemn or enter into an agreement regarding the disputed area involving the railroad's right-of-way within the 180-day period provided by Subsection (a) or any extended period provided by Subsection (b), the license or agreement between the utility, common carrier, cable operator, or energy transporter and the railroad is terminated.
(d)  The possessory right provided by this section is in addition to any possessory right provided by Chapter 21, Property Code.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.058. License and Renewal

Sec. 186.058.  LICENSE AND RENEWAL.  (a)  A utility, common carrier, cable operator, or energy transporter may obtain an original license or renew a license for the right to use a railroad right-of-way for a one-time fee paid based on:
(1)  the agreement of the railroad and the utility, common carrier, cable operator, or energy transporter;  or
(2)  a mutually acceptable third-party determination of market value.
(b)  A fee paid under this section is the only fee payment required.  The license remains in effect without the requirement of additional fee payments for renewal of the license.
(c)  The terms of the license or license renewal may provide that the railroad is not later subject to this subchapter, except the railroad continues to be subject to eminent domain authority granted by other law.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.059. Restrictions on Payment of Costs Awarded Against Railroad in Condemnation

Sec. 186.059.  RESTRICTIONS ON PAYMENT OF COSTS AWARDED AGAINST RAILROAD IN CONDEMNATION.  If the special commissioners or a court awards costs against a railroad under Section 21.047, Property Code, because the award of damages to the railroad is equal to or less than the amount the utility, common carrier, cable operator, or energy transporter exercising the right of eminent domain under this subchapter offered to pay, the costs awarded against the railroad must be paid by the railroad without reimbursement by or contribution from any agent or representative, including an agent or representative that handled or assisted in the condemnation proceedings.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.060. Cumulative Rights and Responsibilities

Sec. 186.060.  CUMULATIVE RIGHTS AND RESPONSIBILITIES.  The rights, privileges, and responsibilities provided by this subchapter are in addition to and not in diminution of or substitution for those rights granted by any other state or federal law.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 186 - Provisions to Ensure the Reliability and Integrity of Utility Service › Subchapter E. Construction and Maintenance of Facilities Along, Over, Under, or Across Railroad Right-of-Way › Section 186.061. Effect on Other Law

Sec. 186.061.  EFFECT ON OTHER LAW.  This subchapter does not affect the elements a condemnor must establish by law to acquire real property.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.001. Short Title

Sec. 251.001.  SHORT TITLE.  This chapter may be cited as the Underground Facility Damage Prevention and Safety Act.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.003. Exemptions

Sec. 251.003.  EXEMPTIONS.  The following are not subject to this chapter as underground facilities:
(1)  an aboveground or underground storage tank, sump, or impoundment or piping connected to an aboveground or underground storage tank, sump, or impoundment located in the same tract of land as the storage tank, sump, or impoundment;
(2)  an underground facility operated by the owner of a secured facility and located entirely within the secured facility;
(3)  an underground facility that serves only the owner of the underground facility or the owner's tenant and that is located solely on the owner's property;
(4)  piping within a well bore;
(5)  the portion of an exploration and production underground facility that is located within the boundaries of the oil or gas field from which the oil and gas is produced and that is not located in the boundaries of an established easement or right-of-way granted for the benefit of a governmental entity or a private entity if the easement or right-of-way is granted for a public purpose;  or
(6)  an underground facility that serves a cemetery and is located solely on the cemetery's property.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.004. Application to Certain Contractors and State Employees

Sec. 251.004.  APPLICATION TO CERTAIN CONTRACTORS AND STATE EMPLOYEES.  (a)  This chapter does not apply to a contractor working in the public right-of-way under a contract with the Texas Department of Transportation.
(b)  Excavation by an employee of the Texas Department of Transportation on a segment of the state highway system is not subject to this chapter if the excavation is more than 10 feet from the right-of-way line.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 17.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.005. Conversion of Facility or Operator

Sec. 251.005.  CONVERSION OF FACILITY OR OPERATOR.  (a)  An operator of an underground facility that is exempted under this subchapter may voluntarily convert that facility to a Class A underground facility by sending written communication from a competent authority of the operator to the corporation advising of the status change.
(b)  An operator of a Class B underground facility may voluntarily convert to a Class A underground facility operator by sending written communication from a competent authority of the operator to the corporation advising of the status change.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.006. Compliance by Permit Holders

Sec. 251.006.  COMPLIANCE BY PERMIT HOLDERS.  (a)  The fact that a person has a legal permit, permission from the owner of the property or the owner's licensee, or an easement to conduct excavation operations does not affect the person's duty to comply with this chapter.
(b)  Compliance with this chapter does not affect a person's responsibility to obtain a permit required by law.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.007. Facility on County or Municipal Road

Sec. 251.007.  FACILITY ON COUNTY OR MUNICIPAL ROAD.  This chapter does not affect a contractual or statutory right of a county or municipality to require an operator to relocate, replace, or repair its underground facility.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.008. Effect on Civil Remedies

Sec. 251.008.  EFFECT ON CIVIL REMEDIES.  Except as otherwise specifically provided by this chapter, this chapter, including Section 251.201, does not affect any civil remedy for personal injury or for property damage, including any damage to an underground facility.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter A. General Provisions › Section 251.009. Provision of General Information

Sec. 251.009.  PROVISION OF GENERAL INFORMATION.  At least once each calendar year, at intervals not exceeding 15 months, each Class A underground facility operator who conveys, transmits, or distributes by means of its underground facilities service directly to more than one million residential customers within this state shall provide all of its residential customers in this state general information about excavation activities covered by this chapter and the statewide toll-free telephone number established by the corporation.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter B. Texas Underground Facility Notification Corporation › Section 251.051. Purpose

Sec. 251.051.  PURPOSE.  The Texas Underground Facility Notification Corporation provides statewide notification services under this chapter.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter B. Texas Underground Facility Notification Corporation › Section 251.052. Nonprofit Corporation

Sec. 251.052.  NONPROFIT CORPORATION.  The corporation is a public nonprofit corporation and has all the powers and duties incident to a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except that the corporation:
(1)  may not make donations for the public welfare or for charitable, scientific, or educational purposes or in aid of war activities;
(2)  may not merge or consolidate with another corporation;
(3)  is not subject to voluntary or involuntary dissolution;  and
(4)  may not be placed in receivership.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter B. Texas Underground Facility Notification Corporation › Section 251.053. Application of Open Meetings and Open Records Laws

Sec. 251.053.  APPLICATION OF OPEN MEETINGS AND OPEN RECORDS LAWS.  The corporation is subject to Chapters 551 and 552, Government Code, except that the corporation may not disseminate, make available, or otherwise distribute service area map data or information provided by an operator unless that action is necessary to perform the corporation's specific obligations under this chapter.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 5 - Provisions Affecting the Operation of Utility Facilities › Chapter 251 - Underground Facility Damage Prevention and Safety › Subchapter B. Texas Underground Facility Notification Corporation › Section 251.054. Expenses and Liabilities of Corporation

Sec. 251.054.  EXPENSES AND LIABILITIES OF CORPORATION.  (a)  All expenses of the corporation shall be paid from income of the corporation.
(b)  A liability created by the corporation is not a debt of this state, and the corporation may not secure a liability with funds or assets of this state.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.