Section 3: Texas Codes and Regulations

Texas Administrative Code (TAC)

The TAC contains the rules and regulations adopted by Texas government agencies. The rules are codified within the TAC and have the force and effect of law.
43TAC, Part 1
affects TxDOT operations. It is necessary to be familiar with the applicable parts and sections of 43TAC.
Two significant issues dealt with in the TAC are:
  • Utility Agreements (
    43TAC Sections 21.21 through 21.24
    ) states that the following will be in accordance with a written agreement between the State and the utility or LPA, whichever is applicable:
    • adjustment;
    • relocation;
    • removal of utility facilities on the State highway system; and
    • reimbursement for the costs of the work.
  • Utility Accommodation Rules (UAR) defines the
    minimum
     standards for the installation, adjustment, and maintenance of utility facilities within a transportation project or new utility installations. According to
    23CFR Part G, Section 645.215
    ,TxDOT is required to submit its UAR for approval by the FHWA, which has approved it. The UAR is contained in
    43TAC Sections 21.31 through 21.56
    , and is more restrictive than the CFR.
In addition to 43TAC, the user should also reference:

Transportation Code

The Transportation Code (Texas Civil Statutes, Titles 1 through 4, 6 and 7) is a compilation of general laws, some of which cover utility empowerments to occupy right of way. Users of this manual should familiarize themselves with the following pertinent citations:
  • Surplus Property: Transportation Code,
    Section 202.029
    .
  • Telecommunication Use of Departmental Facilities: Transportation Code,
    Sections 202.091 through 202.095
    .
  • Reimbursement for Adjustment of Utility Facilities: Transportation Code,
    Section 203.092
    .
  • Timely Relocations: Transportation Code, Section 203.092 and
    Section 203.094
    .
  • Reimbursement from State Highway Fund: Transportation Code, Section 203.092 and
    Section 203.093
    authorize reimbursement of the cost of adjustment of the utility facility from the State Highway Fund.
  • Iron and Steel Preference Provisions in Improvement Contracts: Transportation Code,
    Section 223.045
    .
  • State Infrastructure Bank (SIB): Transportation Code,
    Section 222.072
    .
  • Right of Way Cost: Transportation Code,
    Section 224.008
    .
  • Right of Way Accommodation for Broadband-only Providers: Transportation Code,
    Section 250.002
    .

Utilities Code

The Utilities Code is a compilation of a wide range of subjects affecting utilities. The Utilities Code includes four titles:
  • Title 1 - General Provisions
  • Title 2 - Public Utility Regulatory Act
  • Title 3 - Gas Regulation
  • Title 4 - Delivery of Utility Services
This Code includes many provisions allowing joint use of right of way by utilities:
The Utilities Code contains the mandated minimum clearances of telecommunication and electric lines over roadways. Excavation operations that may damage underground facilities are included in Utilities Code Section 251.153, commonly referred to as
One Call
.

Local Government Code

The Local Government Code, Title 13,
Section 402.104
, also contains provisions allowing joint use of right of way for water utility companies.

Water Code

The
Water Code
consists of five titles, which cover design, installation, easements, environmental impacts, and separation between potable water lines and sewer lines:
  • Title 1 - General Provisions
  • Title 2 - State Water Administration
  • Title 3 - River Compacts
  • Title 4 - General Law Districts
  • Title 5 - Special Law Districts
Also, refer to the Texas Commission on Environmental Quality (
TCEQ
) website regarding water hygiene.

Natural Resources Code

The Natural Resources Code is a compilation into one code of the Texas Statutes relating to natural resources. The Chapter most applicable to this manual is Natural Resources Code, Chapter 111, Common Carriers, Public Utilities and Common Purchasers. This Chapter states that common carriers are entitled to lay, maintain, and operate their pipelines along, across, or under any public stream or highway in this State. This entitlement includes any telegraph or telephone lines that are incidental to, and used only in connection with, the operation of the pipelines. To be considered a common carrier, an entity must submit Form T4, Application for Permit to Operate a Pipeline in Texas, and receive an approved Form T4A, Permit to Operate a Pipeline in Texas, with the Texas Railroad Commission. Therefore, when dealing with a pipeline on highway right of way, verification of common carrier status can be achieved by requesting a copy of the Texas Railroad Commission's certification granting such status. This verification should be accomplished as early in the utility adjustment process as possible due to its direct bearing on placement of the utility on right of way. The verification may be accomplished by:
  • having on file an approved certificate from the Texas Railroad Commission previously requested from and furnished by the utility;
  • determining if the ROW Division has on file an approved copy of the certification granting common carrier status;
  • requesting from the utility an approved copy of the certification from the Texas Railroad Commission granting common carrier status; or
  • other pertinent information that would substantiate their legal right.