UTILITIES CODE
SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES
CHAPTER 181. MISCELLANEOUS POWERS AND DUTIES OF UTILITIES
SUBCHAPTER A. POWERS AND DUTIES OF GAS AND ELECTRIC CORPORATIONS
§ 181.001. DEFINITIONS. In this chapter:
(1) "Corporation" includes:
(A) a partnership, limited partnership, or
master limited partnership;
(B) a combination of business entities composed
exclusively of corporations or in which a corporation is a general
partner;
(C) a limited liability company; and
(D) a gas utility or electric utility regardless
of form of organization, but not including a municipally owned
utility.
(2) "Electric corporation" means an electric current
and power corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 11, § 3, eff. May 3, 1999; Acts
2003, 78th Leg., ch. 559, § 1, eff. June 20, 2003.
§ 181.002. CORPORATE POWERS. A gas or electric
corporation has the powers and rights of a corporation organized
for profit in this state whenever those powers and duties may be
applicable.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.003. AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR
MORTGAGE PROPERTY. A gas or electric corporation has the right to:
(1) borrow money;
(2) issue stock, including preferred stock; or
(3) mortgage a franchise or other property of the
corporation to secure a debt contracted for any purpose of the
corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.004. CONDEMNATION OF PROPERTY. A gas or electric
corporation has the right and power to enter on, condemn, and
appropriate the land, right-of-way, easement, or other property of
any person or corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. A gas
corporation has the right to lay and maintain lines over and across
a public road, a railroad, railroad right-of-way, an interurban
railroad, a street railroad, a canal or stream, or a municipal
street or alley.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.006. CONSENT REQUIRED IN MUNICIPALITY. A gas
corporation may exercise authority under Section 181.005 in
relation to a municipal street or alley with the consent of and
subject to the direction of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.007. AUTHORITY TO HOLD LAND OR OTHER PROPERTY. A
gas or electric corporation has the power to own, hold, or use land,
a right-of-way, an easement, a franchise, or a building or other
structure as necessary for the purpose of the corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.008. AUTHORITY RELATING TO TRANSPORT OR
SALE. (a) A gas or electric corporation has the power to
generate, make, manufacture, transport, and sell gas, electric
current, and power to an individual, the public, or a municipality
for any purpose.
(b) A gas or electric corporation may:
(1) impose reasonable charges for an action taken
under Subsection (a); and
(2) construct, maintain, and operate power plants and
substations and any machinery, apparatus, pipe, pole, wire, device,
or arrangements as necessary to operate its lines in this state.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.009. DISCRIMINATION PROHIBITED. A gas or
electric corporation may not discriminate against a person,
corporation, firm, association, or location in:
(1) charging for gas, electric current, or power; or
(2) providing service under similar circumstances.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. PROVISIONS APPLYING TO GAS UTILITIES
§ 181.021. DEFINITIONS. In this subchapter:
(1) "Gas facility" means a pipe, main, conductor, or
other facility or fixture used to carry gas.
(2) "Gas utility" means a person, firm, corporation,
or municipality engaged in the business of transporting or
distributing gas for public consumption.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.022. AUTHORITY TO LAY AND MAINTAIN GAS
FACILITY. A gas utility has the right to lay and maintain a gas
facility through, under, along, across, or over a public highway, a
public road, a public street or alley, or public water.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.023. CONSENT REQUIRED IN MUNICIPALITY. A gas
utility may exercise authority under Section 181.022 in a
municipality with the consent of and subject to the direction of the
governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.024. NOTICE TO STATE OR COUNTY. (a) A gas
utility proposing under this subchapter to locate a gas facility in
the right-of-way of a state highway or a county road not in a
municipality shall give notice of the proposal to:
(1) the Texas Transportation Commission if the
proposal relates to a state highway; or
(2) the commissioners court of the county if the
proposal relates to a county road.
(b) On receipt of the notice, the Texas Transportation
Commission or the commissioners court may designate the location in
the right-of-way where the gas utility may place the gas facility.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.025. RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO
TRAFFIC LANE. (a) The authority of the Texas Transportation
Commission under this section is limited to a gas facility on a
state highway not in a municipality. The authority of the
commissioners court under this section is limited to a gas facility
on a county road not in a municipality.
(b) The Texas Transportation Commission or the
commissioners court of a county may require a gas utility to
relocate the utility's gas facility, at the utility's own expense,
to allow the widening or other changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Transportation Commission or the commissioners court, as
appropriate, must give to the gas utility 30 days' written notice of
the requirement. The notice must identify the gas facility to be
relocated and indicate the location on the new right-of-way where
the gas utility may place the facility.
(d) The gas utility shall replace the grade and surface of
the highway or road at the utility's own expense.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.026. EFFECT OF MUNICIPAL INCORPORATION ON GAS
FACILITY PREVIOUSLY LAID. A gas utility having a gas facility
located in an area that becomes incorporated after the facility is
in place may continue to exercise in that area the authority granted
by this subchapter until the 10th anniversary of the date of the
incorporation without the consent of but subject to the direction
of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. PROVISIONS APPLYING TO ELECTRIC UTILITIES
§ 181.041. DEFINITIONS. In this subchapter:
(1) "Electric utility" means:
(A) an electric cooperative organized under
Chapter 161;
(B) a corporation or river authority, if the
river authority is created by a statute of this state:
(i) that generates, transmits, or
distributes electric energy in this state; and
(ii) whose operations are subject to the
judicial and legislative processes of this state; or
(C) a municipal electric utility.
(2) "Municipal electric utility" means a municipality
in this state that owns and operates an electric generating plant or
that operates electric transmission lines or an electric
distribution system.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE
LINES. An electric utility has the right to construct, maintain,
and operate lines over, under, across, on, or along a state highway,
a county road, a municipal street or alley, or other public property
in a municipality.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.043. CONSENT REQUIRED IN MUNICIPALITY. (a) An
electric utility may exercise authority under Section 181.042 in a
municipality with the consent of and subject to the direction of the
governing body of the municipality.
(b) Subsection (a) does not apply to a municipal electric
utility exercising authority under Section 181.042 in its municipal
territory.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.044. NOTICE TO STATE OR COUNTY. (a) An electric
utility proposing under this subchapter to construct a line along
the right-of-way of a state highway or a county road not in a
municipality shall give notice of the proposal to:
(1) the Texas Transportation Commission if the
proposal relates to a state highway; or
(2) the commissioners court of the county if the
proposal relates to a county road.
(b) On receipt of the notice, the Texas Transportation
Commission or the commissioners court may designate the location
along the right-of-way where the electric utility may construct the
line.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.045. STANDARDS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF LINES. (a) A municipal electric utility shall
construct, operate, and maintain its lines for the transmission and
distribution of electric energy along highways and at other places
in accordance with the national electrical safety code. With
regard to clearances, an electric utility that is not a municipal
electric utility shall construct, operate, and maintain its lines
for the transmission and distribution of electric energy along
highways and at other places in accordance with the national
electrical safety code.
(b) Regardless of Subsection (a), an electric utility
shall:
(1) use single pole construction for a line along a
highway or county road;
(2) construct a transmission line that crosses a
highway or road so that the line is at least 22 feet above the
surface of the traffic lane; and
(3) construct a line that is above a railroad track or
railroad siding so that the line is at least 22 feet above the
surface of the track or siding.
(c) Subsection (a) does not apply to a line in a
municipality to the extent an ordinance or regulation applying in
the municipality provides differently than the national electrical
safety code.
(d) In this section, "national electrical safety code"
means the National Electrical Safety Code, as published in March
1948 by the National Bureau of Standards, Handbook 30, as revised by
Handbook 81, published by the National Bureau of Standards in
November 1961.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.046. RELOCATION OF LINE TO ALLOW ROAD OR DITCH
IMPROVEMENT. (a) The authority of the Texas Transportation
Commission under this section is limited to a line on a state
highway not in a municipality. The authority of the commissioners
court under this section is limited to a line on a county road not in
a municipality.
(b) The Texas Transportation Commission or the
commissioners court of a county may require an electric utility to
relocate a line of the utility, at the utility's own expense, to
allow the:
(1) widening of a right-of-way;
(2) changing of a traffic lane;
(3) improving of a road bed; or
(4) improving of a drainage ditch located on a
right-of-way.
(c) To impose a requirement under this section, the Texas
Transportation Commission or the commissioners court, as
appropriate, must give to the electric utility 30 days' written
notice of the requirement. The notice must identify the line to be
relocated and indicate the location on the new right-of-way where
the electric utility may place the line.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.047. EFFECT OF MUNICIPAL INCORPORATION ON LINE
PREVIOUSLY CONSTRUCTED. (a) An electric utility that owns a line
on a state highway or county road in a city or town that, at the time
of the construction of the line, is unincorporated but that later
incorporates as a municipality may continue to exercise in the
municipality the authority granted by Section 181.042 until the
10th anniversary of the date of the incorporation.
(b) After that period, to continue to exercise the authority
in the municipality the electric utility must have the consent of
the governing body of the municipality.
(c) The governing body of the municipality may require the
electric utility to relocate a pole or line, at the utility's own
expense, to allow the widening or straightening of a street. To
impose a requirement under this subsection, the governing body of
the municipality must give to the electric utility 30 days' notice.
The notice must indicate the new location for the pole or line along
the right-of-way of the street.
(d) This section does not prohibit a municipality from
imposing a tax or special charge for the use of a street as
authorized by Subchapter B, Chapter 182, Tax Code.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. PROVISIONS APPLYING TO TELEGRAPH COMPANIES
§ 181.061. DEFINITION. In this subchapter, "telegraph
company" includes a person, firm, corporation, or association
engaged in the business of accepting and transmitting messages to
and from different locations in this state through use of a
telegraph.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.062. TELEGRAPH CONNECTIONS. A telegraph company
engaged in business at the same location or in the same municipality
as another telegraph company shall provide:
(1) means through which a message may be transferred
to the lines of the other telegraph company at common locations and
transmitted to the message's final destination; and
(2) facilities to assure the transfer of a message in
compliance with this section.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.063. EXCEPTIONS. (a) A telegraph company is not
required to transfer a message to another line if:
(1) the message originated on the company's line; and
(2) the company can deliver the message directly to
its intended recipient on the company's lines.
(b) A telegraph company is not required to receive a message
from another's line and transmit the message to its final
destination if the message originated at a location on the
company's lines.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.064. HEARING AND DETERMINATION. (a) The
governing body of a municipality or, for an unincorporated area,
the commissioners court of the county, shall on its own motion or on
application of at least 100 residents:
(1) hear evidence as the governing body or
commissioners court considers necessary; and
(2) determine whether a connection between different
lines or other arrangements for transfer of messages is:
(A) necessary for public convenience; and
(B) just to the telegraph companies.
(b) After conducting a hearing and making the
determinations required by Subsection (a), the governing body or
commissioners court shall issue an order that:
(1) includes the findings of the governing body or
commissioners court;
(2) specifies the conditions under which the
arrangements for transfer of messages will be made; and
(3) specifies the proportion of expense to be paid by
the owner or operator of each line.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.065. PENALTY. (a) A telegraph company shall
comply with an order of a municipality's governing body or a
commissioners court requiring the company to arrange for transfer
of messages.
(b) A telegraph company that fails to comply with an order
is subject to a penalty of $10 for each day of noncompliance,
payable to the state. The county or district attorney may bring
suit to recover the penalty.
(c) A penalty may not be imposed against a telegraph company
for noncompliance with an order if:
(1) the company is prevented from making a connection
through the fault or omission of another company; and
(2) the fault or omission causes the company's failure
to connect.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.066. APPEAL. (a) A telegraph company ordered to
transfer messages under this subchapter has the right to appeal to
the court having jurisdiction over the matter.
(b) If the court finds that the telegraph company had
reasonable grounds for bringing the appeal, the court shall suspend
any penalty imposed under this subchapter until the appeal is
finally determined.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER E. PROVISIONS APPLYING TO TELEPHONE AND TELEGRAPH
CORPORATIONS
§ 181.081. DEFINITIONS. In this subchapter:
(1) "Facility" means a pole, pier, abutment, wire, or
other fixture related to a telephone or magnetic telegraph line.
(2) "Telegraph corporation" means a corporation
created to construct and maintain magnetic telegraph lines.
(3) "Telephone corporation" means a corporation
created to construct and maintain telephone lines.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO
PUBLIC PROPERTY. A telephone or telegraph corporation may install
a facility of the corporation along, on, or across a public road, a
public street, or public water in a manner that does not
inconvenience the public in the use of the road, street, or water.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.083. AUTHORITY TO CONSTRUCT LINE ON PRIVATE
PROPERTY. A telephone or telegraph corporation may enter land in
which a private person or a corporation owns a fee or lesser estate
to:
(1) make a preliminary survey or examination to
prepare for the construction of a telephone or telegraph line;
(2) change the location of a part of a telephone or
telegraph line as necessary; or
(3) construct or repair a telephone or telegraph line.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.084. APPROPRIATION OR CONDEMNATION OF LAND. A
telephone or telegraph corporation has the right to:
(1) appropriate as much land owned by a private person
or a corporation as is necessary to construct a facility; or
(2) condemn land to acquire a right-of-way or other
interest in the land for the use of the telephone or telegraph
corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.085. PROHIBITION ON LAND CONTRACT EXCLUDING
ANOTHER TELEGRAPH UTILITY. A telegraph corporation may not
contract with an owner of land for the right to construct and
maintain a telegraph line over the land to the exclusion of the line
of another telegraph corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.086. LINES IN OR OUTSIDE STATE. A telegraph
corporation may construct, own, use, or maintain a telegraph line
in or outside this state.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.087. USE OF ANOTHER'S TELEGRAPH LINE. (a) A
telegraph corporation may:
(1) lease the telegraph line of another telegraph
corporation;
(2) as the result of a lease or purchase, attach to its
telegraph line the telegraph line of another telegraph corporation;
or
(3) join with any other corporation or association to
construct, lease, own, use, or maintain a telegraph line.
(b) An action under Subsection (a)(3) must be taken in
accordance with an agreement made by the directors or managers of
the telegraph corporations.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.088. CONSOLIDATION OF UTILITIES. (a) A
telephone or telegraph corporation organized under the law of this
state may consolidate or otherwise unite with one or more other
companies organized under the law of a state or the United States if
the union or consolidation:
(1) is approved, at a regular meeting of the
corporation's stockholders, by a vote of persons holding a majority
of the shares of stock of the corporation; and
(2) is done with the consent of each other company.
(b) The company resulting from the consolidation or other
union may hold, use, and enjoy the rights and privileges given by
the law of this state to, and has the same liabilities of, a company
separately organized under the law of this state relating to
corporations.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.089. MUNICIPAL REGULATION. (a) The appropriate
authorities of a municipality through which a line of a telephone or
telegraph corporation is to pass may adopt, by ordinance or another
method, regulations governing the corporation that specify the:
(1) location of the facilities of the corporation;
(2) kind of posts that must be used by the corporation;
or
(3) height at which the wires of the corporation must
be placed.
(b) After the construction of the telephone or telegraph
line, the appropriate authorities of the municipality, after giving
the corporation or its agents an opportunity to be heard, may direct
any change in:
(1) the construction or location of the facilities;
or
(2) the height at which the corporation must locate
the wires.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER F. PROVISIONS APPLYING TO COMMUNITY ANTENNA AND CABLE
TELEVISION UTILITIES
§ 181.101. DEFINITIONS. In this subchapter:
(1) "Equipment" means a line, wire, cable, pipe,
conduit, conductor, pole, or other facility for the transmission of
community antenna or cable television service.
(2) "Person" means an individual, firm, or
corporation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.102. AUTHORITY TO INSTALL AND MAINTAIN
EQUIPMENT. (a) In an unincorporated area, a person in the
business of providing community antenna or cable television service
to the public may install and maintain equipment through, under,
along, across, or over a utility easement, a public road, an alley,
or a body of public water in accordance with this subchapter.
(b) The installation and maintenance of the equipment must
be done in a way that does not unduly inconvenience the public using
the affected property.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.103. NOTICE TO STATE OR COUNTY. (a) A person
proposing to install equipment under Section 181.102 in the
right-of-way of a state highway or a county road shall give notice
of the proposal to:
(1) the Texas Department of Transportation if the
proposal relates to a state highway; or
(2) the commissioners court of the county if the
proposal relates to a county road.
(b) On receipt of the notice, the Texas Department of
Transportation or commissioners court may designate the location in
the right-of-way where the person may install the equipment, if the
equipment is not to be installed on an existing facility.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.104. RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO
TRAFFIC LANE. (a) The authority of the Texas Department of
Transportation under this section is limited to equipment installed
in connection with a state highway. The authority of the
commissioners court under this section is limited to equipment
installed in connection with a county road.
(b) The Texas Department of Transportation or the
commissioners court of a county may require a person who has
installed equipment in the right-of-way of a state highway or
county road to relocate the person's equipment to allow the
widening or other changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Department of Transportation or the commissioners court, as
appropriate, must give to the person written notice of the
requirement not later than the 45th day before the date the
relocation is to be made. The notice must identify the equipment to
be relocated and indicate the location in the right-of-way where
the person may reinstall the equipment.
(d) The person shall pay the cost of repairing a state
highway or county road damaged by the relocation.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 181.901. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO
PROTECT UTILITY. (a) The governing body of a general-law
municipality may adopt an ordinance that applies to a utility using
the streets and public grounds of the municipality and that
protects the utility:
(1) in the free enjoyment of the utility's rights and
privileges; and
(2) from interference with the utility's property and
franchises.
(b) In this section, "utility" means a person, company, or
corporation engaged in furnishing water, gas, telephone, light,
power, or sewage service to the public.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 181.902. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO
PREVENT USE OR WASTE OF UTILITY COMMODITY OR SERVICE. (a) The
governing body of a general-law municipality may adopt an ordinance
that prevents the free or unauthorized use or the waste of a
commodity or service furnished by a utility that uses the streets
and public grounds of the municipality.
(b) In this section, "utility" has the meaning assigned to
the term by Section 181.901.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
