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Texas Utilities Code - Section 186.054. Construction And Maintenance Of Utility, Common Carrier, Cable Operator, And Energy Transporter Facilities

Legal Research Home > Texas Laws > Utilities Code > Texas Utilities Code - Section 186.054. Construction And Maintenance Of Utility, Common Carrier, Cable Operator, And Energy Transporter Facilities

§ 186.054. CONSTRUCTION AND MAINTENANCE OF UTILITY, 
COMMON CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER 
FACILITIES.  (a) A utility, common carrier, cable operator, or 
energy transporter may acquire an easement by eminent domain along, 
over, under, or across a railroad or railroad right-of-way as 
provided by this subchapter to maintain, operate, or upgrade its 
facilities consistent with preexisting licenses or agreements.
	(b)  A utility, common carrier, cable operator, or energy 
transporter:       
		(1)  shall provide notice to the railroad within a 
reasonable period of any proposed activity relating to the 
construction, maintenance, or operation of the facilities;  and
		(2)  may not unreasonably interfere with railroad 
operations.               
	(c)  Absent terms to the contrary in an easement acquired by 
condemnation under this subchapter, existing license, or 
agreement, a railroad may require a utility, common carrier, cable 
operator, or energy transporter to relocate any portion of a 
facility that is located in the railroad right-of-way that is not in 
the public right-of-way if:
		(1)  a reasonable alternate route is available;                               
		(2)  a reasonable amount of time is provided;                                 
		(3)  substantial interference with the railroad 
operations is established;  and
		(4)  the railroad reimburses the utility, common 
carrier, cable operator, or energy transporter for the reasonable 
cost of relocation.

Added by Acts 2003, 78th Leg., ch. 1087, § 2, eff. Sept. 1, 2003.          

Last modified: August 11, 2007