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Texas Laws | Utility Code
UTILITIES CODE
TITLE 4. DELIVERY OF UTILITY SERVICES

(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 (11153)

(2) the party line is needed for an emergency call: (11154)

(A) to a fire or police department; or (11155)

(B) for medical aid or an ambulance service. (11156)

(b) An offense under this section is a misdemeanor punishable by: (11157)

(1) a fine of not less than $25 and not more than $500; (11158)

(2) confinement in the county jail for not more than one month; or (11159)

(3) both fine and confinement. (11160)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (11161)

Sec. 186.043. FALSIFICATION OF EMERGENCY TELEPHONE CALL; PENALTY. (11162)(Text)

(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: (11163)

(1) to a fire or police department; or (11164)

(2) for medical aid or an ambulance service. (11165)

(b) An offense under this section is a misdemeanor punishable by: (11166)

(1) a fine of not less than $25 and not more than $500; (11167)

(2) confinement in the county jail for not more than one month; or (11168)

(3) both fine and confinement. (11169)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (11170)

Sec. 186.044. NOTICE OF CERTAIN OFFENSES REQUIRED. (11171)(Text)

(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: (11172)

(1) printed in type not smaller than the smallest type on the same page; and (11173)

(2) preceded by the word "warning" printed in type at least as large as the largest type on the same page. (11174)

(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. (11175)

(c) This section does not apply to a directory, commonly known as a classified directory, that is distributed solely for business advertising purposes. (11176)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (11177)

Sec. 186.045. FAILURE TO PROVIDE NOTICE; PENALTY. (11178)(Text)

(a) A person providing telephone service commits an offense if the person: (11179)

(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 (11180)

(2) wilfully fails to enclose in telephone bills the notice required by Section 186.044(b). (11181)

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $500. (11182)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (11183)

SUBCHAPTER E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG, OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY (11184)(Text)
Sec. 186.051. DEFINITIONS. (11185)(Text)

In this subchapter: (11186)

(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. (11187)

(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. (11188)

(3) "Energy transporter" means a person who gathers or transports oil, gas, or oil and gas products by pipeline. (11189)

(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. (11190)

(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. (11191)

(6) "Utility" means: (11192)

(A) a gas, water, electric, or telecommunications entity that is defined as a utility under the laws of this state; (11193)

(B) an electric cooperative; or (11194)

(C) a municipally owned utility. (11195)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11196)

Sec. 186.052. EXEMPTIONS. (11197)(Text)

(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. (11198)

(b) The inclusion of a common carrier in this subchapter does not subject the carrier to regulation as a utility. (11199)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11200)

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