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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 9. SAFETY |
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Subtitle A. PUBLIC SAFETY |
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Chapter 756. MISCELLANEOUS HAZARDOUS CONDITIONS |
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Subchapter H. CONSTRUCTION AFFECTING PIPELINE EASEMENTS AND RIGHTS-OF-WAY |
Sec. 756.122. APPLICABILITY
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(a) This subchapter applies to a construction or the repair, replacement, or maintenance of a construction unless there is a written agreement, including a Texas Department of Transportation right-of-way agreement, to the contrary between the owner or operator of the affected pipeline facility and the person that places or causes a construction to be placed on the easement or right-of-way of a pipeline facility.
(b) This subchapter does not apply to:
(1) construction done by a municipality on property owned by the municipality, unless the construction is for private commercial use; or
(2) construction or repair, replacement, or maintenance of construction on property owned by a navigation district or port authority created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.