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.