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Texas Transportation Code - Section 91.105. Placement Of Utility Facilities, Lines, And Equipment

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 91.105. Placement Of Utility Facilities, Lines, And Equipment

§ 91.105. PLACEMENT OF UTILITY FACILITIES, LINES, AND 
EQUIPMENT.  (a) A utility has the same right to place its 
facilities, lines, or equipment in, over, or across right-of-way 
that is part of a state-owned rail facility as the utility has with 
respect to the right-of-way of a state highway under Chapter 181, 
Utilities Code.  A utility shall notify the department of the 
utility's intention to exercise authority over right-of-way that is 
part of state-owned rail facilities.
	(b)  On receipt of notice under Subsection (a), the 
department may designate the location in the right-of-way where the 
utility may place its facilities, lines, or equipment.
	(c)  The department may require a utility to relocate the 
utility's facilities, lines, or equipment, at the utility's 
expense, to allow for the expansion or relocation of rail 
facilities owned by the state.  A relocation under this subsection 
must be accomplished pursuant to Subsections (e)-(j).  The 
department shall pay for the cost of the relocation.  If a utility 
facility is replaced, the cost of replacement is limited to an 
amount equal to the cost of replacing the facility with a comparable 
facility, less the net salvage value of the replaced facility.
	(d)  A utility may use and operate a facility required to be 
relocated under this section at the new location for the same period 
and on the same terms as the utility had the right to do at the 
previous location of the facility.
	(e)  If the department determines that a public utility 
facility must be relocated, the utility and the department shall 
negotiate in good faith to establish reasonable terms and 
conditions concerning the responsibilities of the parties with 
regard to sharing of information about the project and the planning 
and implementation of any necessary relocation of a public utility 
facility.
	(f)  The department shall use its best efforts to provide an 
affected utility with plans and drawings of the project that are 
sufficient to enable the utility to develop plans for, and 
determine the cost of, the necessary relocation of the public 
utility facility.  If the department and the affected utility enter 
into an agreement after negotiations under Subsection (e), the 
terms and conditions of the agreement govern the relocation of 
public utility facilities covered by the agreement.
	(g)  If the department and an affected utility do not enter 
into an agreement under Subsection (e), the department shall 
provide to the affected utility:
		(1)  written notice of the department's determination 
that the public utility facility must be removed;
		(2)  a final plan for relocation of the public utility 
facility;  and       
		(3)  reasonable terms and conditions for an agreement 
with the utility for the relocation of the public utility facility.
	(h)  Not later than the 90th day after the date a utility 
receives the notice from the department, including the plan and 
agreement terms and conditions under Subsection (g), the utility 
shall enter into an agreement with the department that provides for 
the relocation.
	(i)  If the utility fails to enter into an agreement within 
the 90-day period under Subsection (h), the department may relocate 
the public utility facility at the sole cost and expense of the 
utility less any reimbursement of costs that would have been 
payable to the utility under applicable law.  A relocation by the 
department under this subsection shall be conducted in full 
compliance with applicable law, using standard equipment and 
construction practices compatible with the utility's existing 
facilities, and in a manner that minimizes disruption of utility 
service.
	(j)  The 90-day period under Subsection (h) may be extended:                   
		(1)  by mutual agreement between the department and the 
utility;  or        
		(2)  for any period during which the utility is 
negotiating in good faith with the department to relocate its 
facility.

Added by Acts 2003, 78th Leg., ch. 1325, § 4.01, eff. June 21, 
2003.     

Last modified: August 10, 2007