The introduction section of the MOU is intended to make an explicit statement of the established authorities for the TxDOT and Utility joint use of public right of way. It is important to understand that TxDOT is legally mandated to accommodate utility facilities on TxDOT right of way by virtue of the following Texas statutes, which establish these rights.

Local Government Code Sections:
402.103, Rights of Water Corporation Providing Service to Municipality; Eminent Domain
402.104, Location of Water Lines Outside Municipal Boundaries
Natural Resources Code Sections:
111.001, Definitions
111.002, Common Carriers
111.020, Pipeline on Public Stream or Highway
Transportation Code Sections:
202.029
, Rights of Public Utility or Common Carrier
202.092, Use of Department Facilities (for telecommunication facilities)
203.092, Reimbursement for Relocation of Utility Facilities
203.0921, Department Relocation of Utility Facilities for Essential Highway Improvement
Utilities Code Sections:
162.001-162.304, Telephone Cooperative Act
181.004-181.005, Gas, Electric Current, & Power Corporations
181.021-181.026, Use of Roads and Streets in Distribution of Gas
181.041-181.047, Electric Cooperatives and Corporations
181.081, Use of Public Ways
181.101-181.104, Provisions Applicable to Antenna & Cable TV
Water Code Sections:
11.044, Roads and Highways
53.111, Right of Way Across Roads
53.112, Use of Roadways
56.121, Road Culverts
56.122, Constructing Bridges and Culverts in Certain Counties