Tex. Utilities Code § 186.054
This is the official text of Tex. Utilities Code § 186.054, part of Texas’s Utilities Code — regulates utility companies.
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§ 186.054. CONSTRUCTION AND MAINTENANCE OF UTILITY, COMMON CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER FACILITIES.
Official statutory text
(a) A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or railroad right-of-way as provided by this subchapter to maintain, operate, or upgrade its facilities consistent with preexisting licenses or agreements.
(b) A utility, common carrier, cable operator, or energy transporter:
(1) shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities; and
(2) may not unreasonably interfere with railroad operations.
(c) Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if:
(1) a reasonable alternate route is available;
(2) a reasonable amount of time is provided;
(3) substantial interference with the railroad operations is established; and
(4) the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.
(b) A utility, common carrier, cable operator, or energy transporter:
(1) shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities; and
(2) may not unreasonably interfere with railroad operations.
(c) Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if:
(1) a reasonable alternate route is available;
(2) a reasonable amount of time is provided;
(3) substantial interference with the railroad operations is established; and
(4) the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.
Status: in_force · Read it on the official government site
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