Section 2: Authority for Installation on Highway Right of Way
Rights Under Existing Laws
Texas Administrative Code, Title 43, Rule §21.36, "Rights
of Utilities," provides public utilities have a right to operate,
construct and maintain their lines over, under, across, on or along
highway rights of way. This includes entities which are authorized
by law to transport and/or distribute natural gas, water, electric
power, telephone and cable television, or salt water, and those
which are authorized to construct and operate common carrier petroleum
and petroleum product lines.
A private utility may place a utility facility over, under,
or across a highway, but should not be permitted longitudinally
on the highway right of way.
If an entity's legal authority to install, adjust, or relocate
its facility longitudinally within a highway right of way is not
readily evident, the department may require that the entity provide:
- written certification that the entity is authorized by state law to operate, construct, and maintain its utility facilities over, under, across, on, or along state highways
- documentation that the entity filed its status with the applicable state regulatory commission or agency and its facilities are subject to public safety regulation.
The district determines the legal status of proposed installations
and should call upon the applicant to provide evidence of their
eligibility. Contact the Maintenance (MNT) or Right of Way (ROW) Divisions
for advice or any questions.
Additional Guidelines
The following additional guidelines have been established
for determining the legality of placing gas, petroleum and/or petroleum
product lines within the highway right of way.
Use and occupancy agreement forms and notice forms are made
available for utility facilities installed, adjusted, relocated
or retained within highway rights of way. These forms provide for
a definite understanding about the location and manner in which
utilities will be installed and/or maintained and, where applicable,
provide the necessary rights needed by the state to occupy the property
interests held by the utility company.
Contact MNT or ROW concerning questions about the placement
of utility lines. Contact the Secretary of State to determine if
the owner or operator has been incorporated within the State of
Texas and what kind of business the owner or operator manages. This
assures that an entity legally exists within this state and verifies
that the purpose of the subject line(s) agrees with the Articles
of Incorporation. It has been found at times that the latter does
not always agree.
Additional Guidelines For Oil and Gas Lines
Contact the Railroad Commission to determine if the subject
entity has filed an "Application to Operate Pipeline," Form T-4
and whether the form has been approved by the Commission. Request a
copy of the approved Form T-4 and the "Permit to Operate Pipeline,"
Form T-4A. The Railroad Commission has established a site to verify
the T-4 information. By law, the Railroad Commission has the responsibility
to monitor the placement of all oil and gas lines within this state
and their website can provide further information on oil and gas
lines.
This contact is made to ensure that the entity has filed the
necessary Railroad Commission form for approval and provides the
department opportunity to review Form T-4, for the purpose and intent
of the subject line. The entity may be incorporated to do business
within this state and the Application to Operate Pipeline, Form
T-4 filed and approved indicating it is a common carrier or a gas
utility. This assures that an entity legally exists. However, the
data is further reviewed to ensure that the specific line in question
is to be or is being used for public purposes rather than for private purposes.
Broadband Accommodation
Process
Broadband Accommodation
Process
Broadband service is an entity that provides broadband service
at download speeds of 25 megabits per second or faster and upload
speed of 3 megabits per second or faster; as defined in Title 43, Texas
Administrative Code,
.
In order to facilitate these installations, design standards,
permitting requirements and construction procedures have been outlined
in the Broadband Accommodation Process (BAP). For more information,
see the ROW Utilities Manual.