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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. 186.058. LICENSE AND RENEWAL
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(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:
(1) the agreement of the railroad and the utility, common carrier, cable operator, or energy transporter; or
(2) a mutually acceptable third-party determination of market value.
(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.
(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.