CHAPTER 181. MISCELLANEOUS POWERS AND DUTIES OF UTILITIES
UTILITIES CODE
TITLE 4. DELIVERY OF UTILITY SERVICES
SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES
CHAPTER 181. MISCELLANEOUS POWERS AND DUTIES OF UTILITIES
SUBCHAPTER A. POWERS AND DUTIES OF GAS AND ELECTRIC CORPORATIONS
Sec. 181.001. DEFINITIONS. In this chapter:
(1) "Corporation" includes:
(A) a partnership, limited partnership, or master limited
partnership;
(B) a combination of business entities composed exclusively of
corporations or in which a corporation is a general partner;
(C) a limited liability company; and
(D) a gas utility or electric utility regardless of form of
organization, but not including a municipally owned utility.
(2) "Electric corporation" means an electric current and power
corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 11, Sec. 3, eff. May 3,
1999; Acts 2003, 78th Leg., ch. 559, Sec. 1, eff. June 20, 2003.
Sec. 181.002. CORPORATE POWERS. A gas or electric corporation
has the powers and rights of a corporation organized for profit
in this state whenever those powers and duties may be applicable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.003. AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR
MORTGAGE PROPERTY. A gas or electric corporation has the right
to:
(1) borrow money;
(2) issue stock, including preferred stock; or
(3) mortgage a franchise or other property of the corporation to
secure a debt contracted for any purpose of the corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.004. CONDEMNATION OF PROPERTY. A gas or electric
corporation has the right and power to enter on, condemn, and
appropriate the land, right-of-way, easement, or other property
of any person or corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. (a) A gas
corporation has the right to lay and maintain lines over, along,
under, and across a public road, a railroad, railroad
right-of-way, an interurban railroad, a street railroad, a canal
or stream, or a municipal street or alley only if:
(1) the pipeline complies with:
(A) all safety regulations adopted by the Railroad Commission of
Texas and all federal regulations relating to pipeline facilities
and pipelines; and
(B) all rules adopted by the Texas Department of Transportation
or the Railroad Commission of Texas and all federal regulations
regarding the accommodation of utility facilities on a
right-of-way, including regulations relating to the horizontal or
vertical placement of the pipeline; and
(2) the owner or operator of the pipeline ensures that the
public right-of-way and any associated facility are promptly
restored to their former condition of usefulness after the
installation or maintenance of the pipeline.
(b) The right granted by Subsection (a) relating to the use of a
municipal street or alley is subject to the payment of charges in
accordance with Section 121.2025 of this code and Sections
182.025 and 182.026, Tax Code.
(c) In determining the route of a pipeline within a
municipality, a gas corporation shall consider using existing
easements and public rights-of-way, including streets, roads,
highways, and utility rights-of-way. In deciding whether to use
a public easement or right-of-way, the gas corporation shall
consider whether:
(1) the use is economically practicable;
(2) adequate space exists; and
(3) the use will violate, or cause the violation of any pipeline
safety regulations.
(d) The Texas Department of Transportation may require the owner
or operator of a pipeline to relocate the pipeline:
(1) at the expense of the owner or operator of the pipeline, if
the pipeline is located on a right-of-way of the state highway
system;
(2) at the expense of this state, if the pipeline is located on
property in which the owner or operator of the pipeline has a
private interest; or
(3) in accordance with Section 203.092, Transportation Code, at
the expense of this state, if the pipeline is owned or operated
by a gas utility as defined by Section 181.021 of this code or a
common carrier as defined by Chapter 111, Natural Resources Code.
(e) Rules adopted by the Texas Department of Transportation
regarding horizontal and vertical placement of pipelines must be
reasonable and, for rights-of-way of the state highway system,
must provide an appeals process through the Texas Department of
Transportation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1311, Sec. 2, eff. June 19, 2009.
Sec. 181.006. CONSENT REQUIRED IN MUNICIPALITY. A gas
corporation may exercise authority under Section 181.005 in
relation to a municipal street or alley with the consent of and
subject to the direction of the governing body of the
municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.007. AUTHORITY TO HOLD LAND OR OTHER PROPERTY. A gas
or electric corporation has the power to own, hold, or use land,
a right-of-way, an easement, a franchise, or a building or other
structure as necessary for the purpose of the corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.008. AUTHORITY RELATING TO TRANSPORT OR SALE. (a) A
gas or electric corporation has the power to generate, make,
manufacture, transport, and sell gas, electric current, and power
to an individual, the public, or a municipality for any purpose.
(b) A gas or electric corporation may:
(1) impose reasonable charges for an action taken under
Subsection (a); and
(2) construct, maintain, and operate power plants and
substations and any machinery, apparatus, pipe, pole, wire,
device, or arrangements as necessary to operate its lines in this
state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.009. DISCRIMINATION PROHIBITED. A gas or electric
corporation may not discriminate against a person, corporation,
firm, association, or location in:
(1) charging for gas, electric current, or power; or
(2) providing service under similar circumstances.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER B. PROVISIONS APPLYING TO GAS UTILITIES
Sec. 181.021. DEFINITIONS. In this subchapter:
(1) "Gas facility" means a pipe, main, conductor, or other
facility or fixture used to carry gas.
(2) "Gas utility" means a person, firm, corporation, or
municipality engaged in the business of transporting or
distributing gas for public consumption.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.022. AUTHORITY TO LAY AND MAINTAIN GAS FACILITY. A gas
utility has the right to lay and maintain a gas facility through,
under, along, across, or over a public highway, a public road, a
public street or alley, or public water.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.023. CONSENT REQUIRED IN MUNICIPALITY. A gas utility
may exercise authority under Section 181.022 in a municipality
with the consent of and subject to the direction of the governing
body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.024. NOTICE TO STATE OR COUNTY. (a) A gas utility
proposing under this subchapter to locate a gas facility in the
right-of-way of a state highway or a county road not in a
municipality shall give notice of the proposal to:
(1) the Texas Transportation Commission if the proposal relates
to a state highway; or
(2) the commissioners court of the county if the proposal
relates to a county road.
(b) On receipt of the notice, the Texas Transportation
Commission or the commissioners court may designate the location
in the right-of-way where the gas utility may place the gas
facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.025. RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO
TRAFFIC LANE. (a) The authority of the Texas Transportation
Commission under this section is limited to a gas facility on a
state highway not in a municipality. The authority of the
commissioners court under this section is limited to a gas
facility on a county road not in a municipality.
(b) The Texas Transportation Commission or the commissioners
court of a county may require a gas utility to relocate the
utility's gas facility, at the utility's own expense, to allow
the widening or other changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Transportation Commission or the commissioners court, as
appropriate, must give to the gas utility 30 days' written notice
of the requirement. The notice must identify the gas facility to
be relocated and indicate the location on the new right-of-way
where the gas utility may place the facility.
(d) The gas utility shall replace the grade and surface of the
highway or road at the utility's own expense.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.026. EFFECT OF MUNICIPAL INCORPORATION ON GAS FACILITY
PREVIOUSLY LAID. A gas utility having a gas facility located in
an area that becomes incorporated after the facility is in place
may continue to exercise in that area the authority granted by
this subchapter until the 10th anniversary of the date of the
incorporation without the consent of but subject to the direction
of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER C. PROVISIONS APPLYING TO ELECTRIC UTILITIES
Sec. 181.041. DEFINITIONS. In this subchapter:
(1) "Electric utility" means:
(A) an electric cooperative organized under Chapter 161;
(B) a corporation or river authority, if the river authority is
created by a statute of this state:
(i) that generates, transmits, or distributes electric energy in
this state; and
(ii) whose operations are subject to the judicial and
legislative processes of this state; or
(C) a municipal electric utility.
(2) "Municipal electric utility" means a municipality in this
state that owns and operates an electric generating plant or that
operates electric transmission lines or an electric distribution
system.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE
LINES. An electric utility has the right to construct, maintain,
and operate lines over, under, across, on, or along a state
highway, a county road, a municipal street or alley, or other
public property in a municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.043. CONSENT REQUIRED IN MUNICIPALITY. (a) An
electric utility may exercise authority under Section 181.042 in
a municipality with the consent of and subject to the direction
of the governing body of the municipality.
(b) Subsection (a) does not apply to a municipal electric
utility exercising authority under Section 181.042 in its
municipal territory.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.044. NOTICE TO STATE OR COUNTY. (a) An electric
utility proposing under this subchapter to construct a line along
the right-of-way of a state highway or a county road not in a
municipality shall give notice of the proposal to:
(1) the Texas Transportation Commission if the proposal relates
to a state highway; or
(2) the commissioners court of the county if the proposal
relates to a county road.
(b) On receipt of the notice, the Texas Transportation
Commission or the commissioners court may designate the location
along the right-of-way where the electric utility may construct
the line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.045. STANDARDS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF LINES. (a) A municipal electric utility shall
construct, operate, and maintain its lines for the transmission
and distribution of electric energy along highways and at other
places in accordance with the national electrical safety code.
With regard to clearances, an electric utility that is not a
municipal electric utility shall construct, operate, and maintain
its lines for the transmission and distribution of electric
energy along highways and at other places in accordance with the
national electrical safety code.
(b) Regardless of Subsection (a), an electric utility shall:
(1) use single pole construction for a line along a highway or
county road;
(2) construct a transmission line that crosses a highway or road
so that the line is at least 22 feet above the surface of the
traffic lane; and
(3) construct a line that is above a railroad track or railroad
siding so that the line is at least 22 feet above the surface of
the track or siding.
(c) Subsection (a) does not apply to a line in a municipality to
the extent an ordinance or regulation applying in the
municipality provides differently than the national electrical
safety code.
(d) In this section, "national electrical safety code" means the
National Electrical Safety Code, as published in March 1948 by
the National Bureau of Standards, Handbook 30, as revised by
Handbook 81, published by the National Bureau of Standards in
November 1961.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.046. RELOCATION OF LINE TO ALLOW ROAD OR DITCH
IMPROVEMENT. (a) The authority of the Texas Transportation
Commission under this section is limited to a line on a state
highway not in a municipality. The authority of the commissioners
court under this section is limited to a line on a county road
not in a municipality.
(b) The Texas Transportation Commission or the commissioners
court of a county may require an electric utility to relocate a
line of the utility, at the utility's own expense, to allow the:
(1) widening of a right-of-way;
(2) changing of a traffic lane;
(3) improving of a road bed; or
(4) improving of a drainage ditch located on a right-of-way.
(c) To impose a requirement under this section, the Texas
Transportation Commission or the commissioners court, as
appropriate, must give to the electric utility 30 days' written
notice of the requirement. The notice must identify the line to
be relocated and indicate the location on the new right-of-way
where the electric utility may place the line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.047. EFFECT OF MUNICIPAL INCORPORATION ON LINE
PREVIOUSLY CONSTRUCTED. (a) An electric utility that owns a
line on a state highway or county road in a city or town that, at
the time of the construction of the line, is unincorporated but
that later incorporates as a municipality may continue to
exercise in the municipality the authority granted by Section
181.042 until the 10th anniversary of the date of the
incorporation.
(b) After that period, to continue to exercise the authority in
the municipality the electric utility must have the consent of
the governing body of the municipality.
(c) The governing body of the municipality may require the
electric utility to relocate a pole or line, at the utility's own
expense, to allow the widening or straightening of a street. To
impose a requirement under this subsection, the governing body of
the municipality must give to the electric utility 30 days'
notice. The notice must indicate the new location for the pole or
line along the right-of-way of the street.
(d) This section does not prohibit a municipality from imposing
a tax or special charge for the use of a street as authorized by
Subchapter B, Chapter 182, Tax Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. PROVISIONS APPLYING TO TELEGRAPH COMPANIES
Sec. 181.061. DEFINITION. In this subchapter, "telegraph
company" includes a person, firm, corporation, or association
engaged in the business of accepting and transmitting messages to
and from different locations in this state through use of a
telegraph.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.062. TELEGRAPH CONNECTIONS. A telegraph company
engaged in business at the same location or in the same
municipality as another telegraph company shall provide:
(1) means through which a message may be transferred to the
lines of the other telegraph company at common locations and
transmitted to the message's final destination; and
(2) facilities to assure the transfer of a message in compliance
with this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.063. EXCEPTIONS. (a) A telegraph company is not
required to transfer a message to another line if:
(1) the message originated on the company's line; and
(2) the company can deliver the message directly to its intended
recipient on the company's lines.
(b) A telegraph company is not required to receive a message
from another's line and transmit the message to its final
destination if the message originated at a location on the
company's lines.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.064. HEARING AND DETERMINATION. (a) The governing
body of a municipality or, for an unincorporated area, the
commissioners court of the county, shall on its own motion or on
application of at least 100 residents:
(1) hear evidence as the governing body or commissioners court
considers necessary; and
(2) determine whether a connection between different lines or
other arrangements for transfer of messages is:
(A) necessary for public convenience; and
(B) just to the telegraph companies.
(b) After conducting a hearing and making the determinations
required by Subsection (a), the governing body or commissioners
court shall issue an order that:
(1) includes the findings of the governing body or commissioners
court;
(2) specifies the conditions under which the arrangements for
transfer of messages will be made; and
(3) specifies the proportion of expense to be paid by the owner
or operator of each line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.065. PENALTY. (a) A telegraph company shall comply
with an order of a municipality's governing body or a
commissioners court requiring the company to arrange for transfer
of messages.
(b) A telegraph company that fails to comply with an order is
subject to a penalty of $10 for each day of noncompliance,
payable to the state. The county or district attorney may bring
suit to recover the penalty.
(c) A penalty may not be imposed against a telegraph company for
noncompliance with an order if:
(1) the company is prevented from making a connection through
the fault or omission of another company; and
(2) the fault or omission causes the company's failure to
connect.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.066. APPEAL. (a) A telegraph company ordered to
transfer messages under this subchapter has the right to appeal
to the court having jurisdiction over the matter.
(b) If the court finds that the telegraph company had reasonable
grounds for bringing the appeal, the court shall suspend any
penalty imposed under this subchapter until the appeal is finally
determined.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER E. PROVISIONS APPLYING TO TELEPHONE AND TELEGRAPH
CORPORATIONS
Sec. 181.081. DEFINITIONS. In this subchapter:
(1) "Facility" means a pole, pier, abutment, wire, or other
fixture related to a telephone or magnetic telegraph line.
(2) "Telegraph corporation" means a corporation created to
construct and maintain magnetic telegraph lines.
(3) "Telephone corporation" means a corporation created to
construct and maintain telephone lines.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO
PUBLIC PROPERTY. A telephone or telegraph corporation may
install a facility of the corporation along, on, or across a
public road, a public street, or public water in a manner that
does not inconvenience the public in the use of the road, street,
or water.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.083. AUTHORITY TO CONSTRUCT LINE ON PRIVATE PROPERTY.
A telephone or telegraph corporation may enter land in which a
private person or a corporation owns a fee or lesser estate to:
(1) make a preliminary survey or examination to prepare for the
construction of a telephone or telegraph line;
(2) change the location of a part of a telephone or telegraph
line as necessary; or
(3) construct or repair a telephone or telegraph line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.084. APPROPRIATION OR CONDEMNATION OF LAND. A
telephone or telegraph corporation has the right to:
(1) appropriate as much land owned by a private person or a
corporation as is necessary to construct a facility; or
(2) condemn land to acquire a right-of-way or other interest in
the land for the use of the telephone or telegraph corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.085. PROHIBITION ON LAND CONTRACT EXCLUDING ANOTHER
TELEGRAPH UTILITY. A telegraph corporation may not contract with
an owner of land for the right to construct and maintain a
telegraph line over the land to the exclusion of the line of
another telegraph corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.086. LINES IN OR OUTSIDE STATE. A telegraph
corporation may construct, own, use, or maintain a telegraph line
in or outside this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.087. USE OF ANOTHER'S TELEGRAPH LINE. (a) A telegraph
corporation may:
(1) lease the telegraph line of another telegraph corporation;
(2) as the result of a lease or purchase, attach to its
telegraph line the telegraph line of another telegraph
corporation; or
(3) join with any other corporation or association to construct,
lease, own, use, or maintain a telegraph line.
(b) An action under Subsection (a)(3) must be taken in
accordance with an agreement made by the directors or managers of
the telegraph corporations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.088. CONSOLIDATION OF UTILITIES. (a) A telephone or
telegraph corporation organized under the law of this state may
consolidate or otherwise unite with one or more other companies
organized under the law of a state or the United States if the
union or consolidation:
(1) is approved, at a regular meeting of the corporation's
stockholders, by a vote of persons holding a majority of the
shares of stock of the corporation; and
(2) is done with the consent of each other company.
(b) The company resulting from the consolidation or other union
may hold, use, and enjoy the rights and privileges given by the
law of this state to, and has the same liabilities of, a company
separately organized under the law of this state relating to
corporations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.089. MUNICIPAL REGULATION. (a) The appropriate
authorities of a municipality through which a line of a telephone
or telegraph corporation is to pass may adopt, by ordinance or
another method, regulations governing the corporation that
specify the:
(1) location of the facilities of the corporation;
(2) kind of posts that must be used by the corporation; or
(3) height at which the wires of the corporation must be placed.
(b) After the construction of the telephone or telegraph line,
the appropriate authorities of the municipality, after giving the
corporation or its agents an opportunity to be heard, may direct
any change in:
(1) the construction or location of the facilities; or
(2) the height at which the corporation must locate the wires.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER F. PROVISIONS APPLYING TO COMMUNITY ANTENNA AND CABLE
TELEVISION UTILITIES
Sec. 181.101. DEFINITIONS. In this subchapter:
(1) "Equipment" means a line, wire, cable, pipe, conduit,
conductor, pole, or other facility for the transmission of
community antenna or cable television service.
(2) "Person" means an individual, firm, or corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.102. AUTHORITY TO INSTALL AND MAINTAIN EQUIPMENT. (a)
In an unincorporated area, a person in the business of providing
community antenna or cable television service to the public may
install and maintain equipment through, under, along, across, or
over a utility easement, a public road, an alley, or a body of
public water in accordance with this subchapter.
(b) The installation and maintenance of the equipment must be
done in a way that does not unduly inconvenience the public using
the affected property.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.103. NOTICE TO STATE OR COUNTY. (a) A person
proposing to install equipment under Section 181.102 in the
right-of-way of a state highway or a county road shall give
notice of the proposal to:
(1) the Texas Department of Transportation if the proposal
relates to a state highway; or
(2) the commissioners court of the county if the proposal
relates to a county road.
(b) On receipt of the notice, the Texas Department of
Transportation or commissioners court may designate the location
in the right-of-way where the person may install the equipment,
if the equipment is not to be installed on an existing facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.104. RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO TRAFFIC
LANE. (a) The authority of the Texas Department of
Transportation under this section is limited to equipment
installed in connection with a state highway. The authority of
the commissioners court under this section is limited to
equipment installed in connection with a county road.
(b) The Texas Department of Transportation or the commissioners
court of a county may require a person who has installed
equipment in the right-of-way of a state highway or county road
to relocate the person's equipment to allow the widening or other
changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Department of Transportation or the commissioners court, as
appropriate, must give to the person written notice of the
requirement not later than the 45th day before the date the
relocation is to be made. The notice must identify the equipment
to be relocated and indicate the location in the right-of-way
where the person may reinstall the equipment.
(d) The person shall pay the cost of repairing a state highway
or county road damaged by the relocation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 181.901. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO PROTECT
UTILITY. (a) The governing body of a general-law municipality
may adopt an ordinance that applies to a utility using the
streets and public grounds of the municipality and that protects
the utility:
(1) in the free enjoyment of the utility's rights and
privileges; and
(2) from interference with the utility's property and
franchises.
(b) In this section, "utility" means a person, company, or
corporation engaged in furnishing water, gas, telephone, light,
power, or sewage service to the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 181.902. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO PREVENT
USE OR WASTE OF UTILITY COMMODITY OR SERVICE. (a) The governing
body of a general-law municipality may adopt an ordinance that
prevents the free or unauthorized use or the waste of a commodity
or service furnished by a utility that uses the streets and
public grounds of the municipality.
(b) In this section, "utility" has the meaning assigned to the
term by Section 181.901.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.