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Texas Statutes (Last Updated: January 4, 2014) |
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UTILITIES CODE |
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Title 4. DELIVERY OF UTILITY SERVICES |
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Subtitle B. PROVISIONS REGULATING DELIVERY OF SERVICES |
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Chapter 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY OF UTILITY SERVICE |
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Subchapter E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG, OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY |
Sec. 186.054. CONSTRUCTION AND MAINTENANCE OF UTILITY, COMMON CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER FACILITIES
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(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.