| (a) Under state law, public utilities have a right
to operate, construct, and maintain their facilities over, under,
across, on, or along highways, subject to highway purposes. This includes
entities authorized by law to transport or distribute natural gas,
water, electric power, telephone, or cable television and those common
carriers authorized to construct and operate petroleum product and
saltwater pipelines.
(b) A private utility may place a utility facility
over, under, or across a highway, subject to highway purposes, but
it is not permitted to place a utility facility longitudinally on
a highway right of way.
(c) A saltwater pipeline operator may place a saltwater
pipeline facility over, under, or across a highway, subject to highway
purposes. A saltwater pipeline operator may, by lease only, be permitted
to place a saltwater pipeline facility longitudinally within a highway
right of way.
(d) If an entity requests the installation of a new
utility facility or the adjustment or relocation of an existing utility
facility longitudinally within a highway right of way and the entity's
legal authority to install, adjust, or relocate its facility longitudinally
within the highway right of way is not readily evident, the department
may require that the entity provide:
(1) a written certification that it is an entity authorized
by state law to operate, construct, and maintain its utility facilities
over, under, across, on, or along state highways; and
(2) documentation that substantiates that the entity
filed its status with the applicable state regulatory commission or
agency and its facilities are subject to public safety regulation.
|
| Source Note: The provisions of this §21.36 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 10, 2009, 34 TexReg 8795; amended to be effective October 12, 2014, 39 TexReg 7946 |
