Rights Under Existing Laws
Texas Administrative Code, Title 43, Rule ยง21.36, "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.