2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.005. Authority to Lay and Maintain Lines

Sec. 181.005.  AUTHORITY TO LAY AND MAINTAIN LINES.  (a)  A gas corporation has the right to lay and maintain lines over, along, under, and across a public road, an interurban railroad, a street railroad, a canal or stream, or a municipal street or alley and over, under, and across a railroad or a railroad right-of-way only if:
(1)  the pipeline complies with:
(A)  all safety regulations adopted by the Railroad Commission of Texas and all federal regulations relating to pipeline facilities and pipelines; and
(B)  all rules adopted by the Texas Department of Transportation or the Railroad Commission of Texas and all federal regulations regarding the accommodation of utility facilities on a right-of-way, including regulations relating to the horizontal or vertical placement of the pipeline; and
(2)  the owner or operator of the pipeline ensures that the public right-of-way and any associated facility are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline.
(b)  The right granted by Subsection (a) relating to the use of a municipal street or alley is subject to the payment of charges in accordance with Section 121.2025 of this code and Sections 182.025 and 182.026, Tax Code.
(c)  In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of-way, including streets, roads, highways, and utility rights-of-way.  In deciding whether to use a public easement or right-of-way, the gas corporation shall consider whether:
(1)  the use is economically practicable;
(2)  adequate space exists; and
(3)  the use will violate, or cause the violation of any pipeline safety regulations.
(d)  The Texas Department of Transportation may require the owner or operator of a pipeline to relocate the pipeline:
(1)  at the expense of the owner or operator of the pipeline, if the pipeline is located on a right-of-way of the state highway system;
(2)  at the expense of this state, if the pipeline is located on property in which the owner or operator of the pipeline has a private interest; or
(3)  in accordance with Section 203.092, Transportation Code, at the expense of this state, if the pipeline is owned or operated by a gas utility as defined by Section 181.021 of this code or a common carrier as defined by Chapter 111, Natural Resources Code.
(e)  Rules adopted by the Texas Department of Transportation regarding horizontal and vertical placement of pipelines must be reasonable and, for rights-of-way of the state highway system, must provide an appeals process through the Texas Department of Transportation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1311 (H.B. 2572), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 313 (H.B. 2289), Sec. 1, eff. June 17, 2011.