CHAPTER 752. HIGH VOLTAGE OVERHEAD LINES
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 752. HIGH VOLTAGE OVERHEAD LINES
Sec. 752.001. DEFINITIONS. In this chapter:
(1) "High voltage" means more than 600 volts measured between
conductors or between a conductor and the ground.
(2) "Overhead line" means a bare or insulated electrical
conductor installed above ground but does not include a conductor
that is de-energized and grounded or that is enclosed in a rigid
metallic conduit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.002. EXEMPTION FOR CERTAIN EMPLOYEES AND ACTIVITIES.
(a) This chapter does not apply to the construction,
reconstruction, operation, or maintenance by an authorized person
of overhead electrical or communication circuits or conductors
and their supporting structures and associated equipment that are
part of a rail transportation system, an electrical generating,
transmission, or distribution system, or a communication system.
(b) In this section, "authorized person" means:
(1) an employee of a light and power company, an electric
cooperative, or a municipality working on his employer's
electrical system;
(2) an employee of a transportation system working on the
system's electrical circuits;
(3) an employee of a communication utility;
(4) an employee of a state, county, or municipal agency that has
authorized circuit construction on the poles or structures that
belong to an electric power company, an electric cooperative, a
municipal or transportation system, or a communication system;
(5) an employee of an industrial plant who works on the plant's
electrical system; or
(6) an employee of an electrical or communications contractor
who is working under the contractor's supervision.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.003. TEMPORARY CLEARANCE OF LINES. (a) A person,
firm, corporation, or association responsible for temporary work
or a temporary activity or function closer to a high voltage
overhead line than the distances prescribed by this chapter must
notify the operator of the line at least 48 hours before the work
begins.
(b) A person, firm, corporation, or association may not begin
the work, activity, or function under this section until the
person, firm, corporation, or association responsible for the
work, activity, or function and the owner or operator, or both,
of the high voltage overhead line have negotiated a satisfactory
mutual arrangement to provide temporary de-energization and
grounding, temporary relocation or raising of the line, or
temporary mechanical barriers to separate and prevent contact
between the line and the material or equipment or the person
performing the work, activity, or function.
(c) The person, firm, corporation, or association responsible
for the work, activity, or function shall pay the operator of the
high voltage overhead line the actual expense incurred by the
operator in providing the clearance prescribed in the agreement.
The operator may require payment in advance and is not required
to provide the clearance until the person, firm, corporation, or
association responsible for the work, activity, or function makes
the payment.
(d) If the actual expense of providing the clearance is less
than the amount paid, the operator of the high voltage overhead
line shall refund the surplus amount.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a) Unless
a person, firm, corporation, or association effectively guards
against danger by contact with the line as prescribed by Section
752.003, the person, firm, corporation, or association, either
individually or through an agent or employee, may not perform a
function or activity on land, a building, a highway, or other
premises if at any time it is possible that the person performing
the function or activity may:
(1) move or be placed within six feet of a high voltage overhead
line while performing the function or activity; or
(2) bring any part of a tool, equipment, machine, or material
within six feet of a high voltage overhead line while performing
the function or activity.
(b) A person, firm, corporation, or association may not require
an employee to perform a function or activity prohibited by
Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.005. RESTRICTION ON OPERATION OF MACHINERY AND
PLACEMENT OF STRUCTURES NEAR LINES. Unless a person, firm,
corporation, or association effectively guards against danger by
contact with the line as prescribed by Section 752.003, the
person, firm, corporation, or association, either individually or
through an agent or employee, may not:
(1) erect, install, transport, or store all or any part of a
house, building, or other structure within six feet of a high
voltage overhead line;
(2) install, operate, transport, handle, or store all or any
part of a tool, machine, or equipment within six feet of a high
voltage overhead line; or
(3) transport, handle, or store all or any part of supplies or
materials within six feet of a high voltage overhead line.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.007. CRIMINAL PENALTY. (a) A person, firm,
corporation, or association or an agent or employee of a person,
firm, corporation, or association commits an offense if the
person, firm, corporation, association, agent, or employee
violates this chapter.
(b) An offense under this section is punishable by a fine of not
less than $100 or more than $1,000, confinement in jail for not
more than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 752.008. LIABILITY FOR DAMAGES. If a violation of this
chapter results in physical or electrical contact with a high
voltage overhead line, the person, firm, corporation, or
association that committed the violation is liable to the owner
or operator of the line for all damages to the facilities and for
all liability that the owner or operator incurs as a result of
the contact.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.