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

(1) the facility was located along, under, over, or across the railroad right-of-way with the written consent of the railroad; and (11197)

(2) the utility, common carrier, cable operator, or energy transporter is not in default under an agreement with the railroad. (11198)

(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. (11199)

(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. (11200)

(d) The possessory right provided by this section is in addition to any possessory right provided by Chapter 21, Property Code. (11201)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11202)

Sec. 186.058. LICENSE AND RENEWAL. (11203)(Text)

(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: (11204)

(1) the agreement of the railroad and the utility, common carrier, cable operator, or energy transporter; or (11205)

(2) a mutually acceptable third-party determination of market value. (11206)

(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. (11207)

(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. (11208)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11209)

Sec. 186.059. RESTRICTIONS ON PAYMENT OF COSTS AWARDED AGAINST RAILROAD IN CONDEMNATION. (11210)(Text)

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. (11211)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11212)

Sec. 186.060. CUMULATIVE RIGHTS AND RESPONSIBILITIES. (11213)(Text)

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. (11214)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11215)

Sec. 186.061. EFFECT ON OTHER LAW. (11216)(Text)

This subchapter does not affect the elements a condemnor must establish by law to acquire real property. (11217)

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003. (11218)

TITLE 5. PROVISIONS AFFECTING THE OPERATION OF UTILITY FACILITIES (11219)(Text)

CHAPTER 251. UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY (11220)(Text)

Sec. 251.001. SHORT TITLE. (11221)(Text)

This chapter may be cited as the Underground Facility Damage Prevention and Safety Act. (11222)

Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999. (11223)

Sec. 251.002. DEFINITIONS. (11224)(Text)

In this chapter: (11225)

(1) "Class A underground facility" means an underground facility that is used to produce, store, convey, transmit, or distribute: (11226)

(A) electrical energy; (11227)

(B) natural or synthetic gas; (11228)

(C) petroleum or petroleum products; (11229)

(D) steam; (11230)

(E) any form of telecommunications service, including voice, data, video, or optical transmission, or cable television service; or (11231)

(F) any other liquid, material, or product not defined as a Class B underground facility. (11232)

(2) "Class B underground facility" means an underground facility that is used to produce, store, convey, transmit, or distribute: (11233)

(A) water; (11234)

(B) slurry; or (11235)

(C) sewage. (11236)

(3) "Corporation" means the Texas Underground Facility Notification Corporation. (11237)

(4) "Damage" means: (11238)

(A) the defacing, scraping, displacement, penetration, destruction, or partial or complete severance of an underground facility or of any protective coating, housing, or other protective device of an underground facility; (11239)

(B) the weakening of structural or lateral support of an underground facility; or (11240)

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