CHAPTER 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY OF UTILITY SERVICE
UTILITIES CODE
TITLE 4. DELIVERY OF UTILITY SERVICES
SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES
CHAPTER 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY
OF UTILITY SERVICE
SUBCHAPTER A. CONTINUITY OF UTILITY SERVICE
Sec. 186.001. DEFINITION. In this subchapter, "public utility"
means and includes a private corporation that does business in
this state and has the right of eminent domain, a municipality,
or a state agency, authority, or subdivision engaged in the
business of:
(1) generating, transmitting, or distributing electric energy to
the public;
(2) producing, transmitting, or distributing natural or
artificial gas to the public; or
(3) furnishing water to the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.002. POLICY. (a) Continuous service by a public
utility is essential to the life, health, and safety of the
public. A person's wilful interruption of that service is a
public calamity that cannot be endured.
(b) A public utility is dedicated to public service. The primary
duty of a public utility, including its management and employees,
is to maintain continuous and adequate service at all times to
protect the safety and health of the public against the danger
inherent in the interruption of service.
(c) Each court and administrative agency of this state shall:
(1) recognize the policy stated in this section; and
(2) interpret and apply this subchapter in accordance with that
policy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.003. ENFORCEMENT BY EXECUTIVE DEPARTMENT. In
accordance with Section 186.002, the governor, and the department
of the executive branch of government under the governor's
direction, shall exercise all power available under the
constitution and laws of this state to protect the public from
dangers incident to an interruption in water, electric, or gas
utility service in this state that occurs because of a violation
of this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.004. UNLAWFUL PICKETING, THREATS, OR INTIMIDATION. (a)
A person may not:
(1) picket the plant, premises, or other property of a public
utility with intent to disrupt the service of that utility or to
prevent the maintenance of that service; or
(2) engage in picketing that has the effect of disrupting the
service of a public utility or preventing the maintenance of that
service.
(b) A person may not:
(1) intimidate, threaten, or harass an employee of a public
utility with intent to disrupt the service of the utility or
prevent the maintenance of that service; or
(2) intimidate, threaten, or harass an employee of a public
utility if that conduct has the effect of disrupting the service
of the utility or preventing the maintenance of that service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.005. RESTRAINING ORDER. (a) A district court shall
immediately inquire into the matter if a public utility presents
a verified petition to the court:
(1) alleging that in the judicial district of the court a person
is violating or threatening to violate Section 186.004 and that
the violation or threatened violation will interfere with the
maintenance of adequate water, electric, or gas service; and
(2) describing the acts committed in violation of Section
186.004, or the threatened acts that, if committed, will violate
Section 186.004.
(b) If it appears that there is a violation or threatened
violation of Section 186.004, the court shall immediately issue
an order restraining the person, the person's agent, and any
other person acting with them from committing an act prohibited
by that section.
(c) A restraining order issued under this section is effective
when the petitioner files with the clerk of the court a good and
sufficient bond in an amount set by the court to cover court
costs that may reasonably accrue in connection with the case. A
judgment rendered in the case may not be superseded pending
appeal.
(d) Venue for a suit under this section is in any judicial
district in which the violation or threat to violate occurs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.006. EMPLOYEE RIGHTS. This subchapter does not limit
the right of an employee of a public utility to:
(1) quit work and leave the employer's premises at any time the
employee chooses; or
(2) refuse to report for work when the employee does not want to
report.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER B. MANIPULATION OF SERVICE FOR CERTAIN LAW ENFORCEMENT
PURPOSES
Sec. 186.021. EMERGENCY INVOLVING HOSTAGE OR ARMED SUSPECT. (a)
In an emergency in which the supervising law enforcement
official having jurisdiction in the geographical area has
probable cause to believe that an armed and barricaded suspect or
a person holding a hostage is committing a crime, the supervising
law enforcement official may order a designated telephone company
security official to cut or otherwise control telephone lines to
prevent telephone communication by the armed suspect or the
hostage holder with a person other than a peace officer or person
authorized by a peace officer.
(b) The serving telephone company in the geographical area of a
law enforcement unit shall designate a telephone company security
official and an alternate to provide all required assistance to
law enforcement officials to carry out this section.
(c) Good faith reliance on an order given by a supervising law
enforcement official under this section is a complete defense to
a civil or criminal action brought against a telephone company or
the company's director, officer, agent, or employee as a result
of compliance with the order.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER C. FRAUDULENT OBTAINING OF SERVICE
Sec. 186.031. DEFINITIONS. In this subchapter:
(1) "Publish" means to communicate information to another by any
means.
(2) "Telecommunications service" means the transmission of a
message or other information by a public utility, including a
telephone or telegraph company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.032. FRAUDULENTLY OBTAINING TELECOMMUNICATIONS
SERVICES. (a) A person commits an offense if:
(1) knowing that another will use the published information to
avoid payment of a charge for telecommunications service, the
person publishes:
(A) an existing, cancelled, revoked, or nonexistent telephone
number;
(B) a credit number or other credit device; or
(C) a method of numbering or coding that is used in issuing
telephone numbers or credit devices, including credit numbers; or
(2) the person makes or possesses equipment specifically
designed to be used fraudulently to avoid charges for
telecommunications service.
(b) An offense under this section is a misdemeanor punishable by
a fine of not more than $500, by confinement in jail for not more
than 60 days, or by both, unless the person has been previously
convicted of an offense under this section. A second or
subsequent offense is a felony punishable by a fine of not more
than $5,000, by imprisonment in the Texas Department of Criminal
Justice for not less than two years and not more than five years,
or by both.
(c) This section does not apply to an employee of a public
utility who provides telecommunications service while acting in
the course of employment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.156, eff. September 1, 2009.
Sec. 186.033. DISPOSITION OF CERTAIN EQUIPMENT. (a) A peace
officer may seize equipment described by Section 186.032(a)(2)
under a warrant or incident to a lawful arrest.
(b) If the person who possessed equipment seized under
Subsection (a) is convicted under Section 186.032, the court
entering the judgment of conviction shall order the sheriff to
destroy the equipment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. AVAILABILITY OF EMERGENCY TELEPHONE SERVICE
Sec. 186.041. DEFINITIONS. In this subchapter:
(1) "Emergency" means a situation in which property or human
life is in jeopardy and the prompt summoning of aid is essential.
(2) "Party line" means a subscriber's telephone circuit,
consisting of two or more main telephone stations connected with
the circuit, each station with a distinctive ring or telephone
number.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.042. OBSTRUCTION OF EMERGENCY TELEPHONE CALL; PENALTY.
(a) A person commits an offense if:
(1) the person wilfully refuses to relinquish a party line
immediately on being informed that the line is needed for an
emergency call described by Subdivision (2); and
(2) the party line is needed for an emergency call:
(A) to a fire or police department; or
(B) for medical aid or an ambulance service.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $25 and not more than $500;
(2) confinement in the county jail for not more than one month;
or
(3) both fine and confinement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.043. FALSIFICATION OF EMERGENCY TELEPHONE CALL;
PENALTY. (a) A person commits an offense if the person secures
the use of a party line by falsely stating that the line is
needed for an emergency call:
(1) to a fire or police department; or
(2) for medical aid or an ambulance service.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $25 and not more than $500;
(2) confinement in the county jail for not more than one month;
or
(3) both fine and confinement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.044. NOTICE OF CERTAIN OFFENSES REQUIRED. (a) A
telephone directory distributed to the public in this state that
lists the telephone numbers of an exchange located in this state
must contain a notice explaining the offenses under Sections
186.042 and 186.043. The notice must be:
(1) printed in type not smaller than the smallest type on the
same page; and
(2) preceded by the word "warning" printed in type at least as
large as the largest type on the same page.
(b) At least once each year, a person providing telephone
service shall enclose in the telephone bill mailed to each person
who uses a party line telephone a notice of Sections 186.042 and
186.043.
(c) This section does not apply to a directory, commonly known
as a classified directory, that is distributed solely for
business advertising purposes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 186.045. FAILURE TO PROVIDE NOTICE; PENALTY. (a) A person
providing telephone service commits an offense if the person:
(1) distributes copies of a telephone directory subject to
Section 186.044(a) from which the notice required by that section
is wilfully omitted; or
(2) wilfully fails to enclose in telephone bills the notice
required by Section 186.044(b).
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $25 and not more than $500.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG,
OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY
Sec. 186.051. DEFINITIONS. In this subchapter:
(1) "Cable operator" means an entity that owns or operates a
cable system, as that term is defined by 47 U.S.C. Section 522,
as amended.
(2) "Common carrier" means a common carrier as described by
Section 111.002, Natural Resources Code, or a person who submits
to regulation by the state as a common carrier under Article
2.01, Texas Business Corporation Act.
(3) "Energy transporter" means a person who gathers or
transports oil, gas, or oil and gas products by pipeline.
(4) "Railroad" means an entity that owns, operates, or controls
a railroad or property or assets owned or previously owned by a
railroad in this state, including agents, assignees, or parties
that by contract own, control, or manage railroad rights-of-way,
easements, or other real property rights belonging to a railroad.
The term includes interurban and street railroads owned by a
private entity but excludes a terminal railroad and a railroad or
interurban and street railroad owned by a governmental entity,
including a navigation district or port authority, or a wharf.
(5) "Railroad right-of-way" means the real property rights owned
or controlled by a railroad, including fee and easement interests
used or previously used as a railroad operating corridor.
(6) "Utility" means:
(A) a gas, water, electric, or telecommunications entity that is
defined as a utility under the laws of this state;
(B) an electric cooperative; or
(C) a municipally owned utility.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.052. EXEMPTIONS. (a) The inclusion of an energy
transporter or cable operator in this subchapter does not subject
the transporter or operator to regulation as a utility or common
carrier.
(b) The inclusion of a common carrier in this subchapter does
not subject the carrier to regulation as a utility.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.053. APPLICABILITY. (a) Except as provided by Section
186.058, this subchapter applies only to facilities along, over,
under, or across a railroad or railroad right-of-way in place
under a license, agreement, or nonperpetual easement.
(b) In relation to cable operators, this subchapter applies only
to those lines over which the cable operator is offering or
transporting high-speed Internet or broadband information
services.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.054. CONSTRUCTION AND MAINTENANCE OF UTILITY, COMMON
CARRIER, CABLE OPERATOR, AND ENERGY TRANSPORTER FACILITIES. (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.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.055. DOCUMENTATION OF RIGHTS ACQUIRED. If a railroad
requires a utility, common carrier, cable operator, or energy
transporter to obtain from the railroad a right to use a railroad
right-of-way, the railroad shall produce, if requested in
writing, the readily available documentation from the railroad's
records indicating the extent of the railroad's right, title, or
interest in the property sought to be used by the utility, common
carrier, cable operator, or energy transporter. The utility,
common carrier, cable operator, or energy transporter shall
reimburse the railroad for the reasonable cost of producing the
documentation as required by this section. The reimbursable cost,
including internal costs, may not exceed $500, unless the parties
agree otherwise. A railroad that produces documentation as
provided by this section is not limited or prevented from
asserting a right, title, or interest in real property based on
documentation that has not been produced under this section.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.056. VALUATION OF RIGHTS ACQUIRED. (a) In the absence
of an agreement to convey a permanent easement for the continued
right to use a preexisting facility located in a railroad
right-of-way, a utility, common carrier, cable operator, or
energy transporter may obtain the right to continuously use the
right-of-way through the exercise of eminent domain under Chapter
21, Property Code.
(b) The award of damages due the railroad under an eminent
domain proceeding as provided by Subsection (a) is:
(1) the market value of the real property interest to be used;
and
(2) if a portion of the railroad's right-of-way is taken,
damages, if any, to the railroad's remaining property.
(c) The railroad may also recover:
(1) reasonable costs and expenses for interference with railroad
operations, including internal costs for providing flagging
services; and
(2) reasonable costs and expenses to repair any damage to its
facilities caused by the maintenance, operation, or upgrade of
the preexisting utility, common carrier, cable operator, or
energy transporter facilities.
(d) The payment by the utility, common carrier, cable operator,
or energy transporter determined under this section is the only
compensation due to the railroad for the perpetual use of the
interest obtained.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.057. RIGHT TO MAINTAIN FACILITIES. (a) A utility,
common carrier, cable operator, or energy transporter may not be
required to remove an existing facility for 180 days after the
date the utility, common carrier, cable operator, or energy
transporter receives a written notice from the railroad that an
existing facility must be removed from the railroad's
right-of-way if:
(1) the facility was located along, under, over, or across the
railroad right-of-way with the written consent of the railroad;
and
(2) the utility, common carrier, cable operator, or energy
transporter is not in default under an agreement with the
railroad.
(b) If a utility, common carrier, cable operator, or energy
transporter requests documentation under Section 186.055, the
180-day period provided by Subsection (a) is tolled until the
utility, common carrier, cable operator, or energy transporter
receives a written response to its request from the railroad.
(c) If a utility, common carrier, cable operator, or energy
transporter does not condemn or enter into an agreement regarding
the disputed area involving the railroad's right-of-way within
the 180-day period provided by Subsection (a) or any extended
period provided by Subsection (b), the license or agreement
between the utility, common carrier, cable operator, or energy
transporter and the railroad is terminated.
(d) The possessory right provided by this section is in addition
to any possessory right provided by Chapter 21, Property Code.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.058. LICENSE AND RENEWAL. (a) A utility, common
carrier, cable operator, or energy transporter may obtain an
original license or renew a license for the right to use a
railroad right-of-way for a one-time fee paid based on:
(1) the agreement of the railroad and the utility, common
carrier, cable operator, or energy transporter; or
(2) a mutually acceptable third-party determination of market
value.
(b) A fee paid under this section is the only fee payment
required. The license remains in effect without the requirement
of additional fee payments for renewal of the license.
(c) The terms of the license or license renewal may provide that
the railroad is not later subject to this subchapter, except the
railroad continues to be subject to eminent domain authority
granted by other law.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.059. RESTRICTIONS ON PAYMENT OF COSTS AWARDED AGAINST
RAILROAD IN CONDEMNATION. If the special commissioners or a
court awards costs against a railroad under Section 21.047,
Property Code, because the award of damages to the railroad is
equal to or less than the amount the utility, common carrier,
cable operator, or energy transporter exercising the right of
eminent domain under this subchapter offered to pay, the costs
awarded against the railroad must be paid by the railroad without
reimbursement by or contribution from any agent or
representative, including an agent or representative that handled
or assisted in the condemnation proceedings.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.060. CUMULATIVE RIGHTS AND RESPONSIBILITIES. The
rights, privileges, and responsibilities provided by this
subchapter are in addition to and not in diminution of or
substitution for those rights granted by any other state or
federal law.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.
Sec. 186.061. EFFECT ON OTHER LAW. This subchapter does not
affect the elements a condemnor must establish by law to acquire
real property.
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1,
2003.