Section 2: Authority for Installation on Highway Right of Way
Anchor: #i1000746Rights Under Existing Laws
Title 43, Part 1, Chapter 21, Subchapter C, Rule §21.36, "Authority of Utilities," provides that various utility firms and agencies have a right to install their lines along and/or across highway rights of way. This includes those firms which are authorized by state laws to transport and/or distribute natural gas, water, electric power, telephone and television cable, and salt water, and those which are authorized to construct and operate common carrier petroleum and petroleum product lines.
Private lines should normally be allowed to cross, but should not be permitted longitudinally on the highway right of way. This includes, but is not limited to, privately owned lines from gas or oil wells, lines owned by oil companies within refinery and oil storage complexes, lines by firms which are engaged in businesses other than those described above, and domestic lines owned by individuals.
The district determines the legal status of proposed installations and should call upon the applicant to provide evidence of their eligibility. Contact the Maintenance (MNT) or Right of Way (ROW) Divisions for advice or any questions.
Anchor: #i1000766Additional Guidelines
The following additional guidelines have been established for determining the legality of placing gas, petroleum and/or petroleum product lines within the highway right of way.
Use and occupancy agreement forms and notice forms are made available for utility facilities installed, adjusted, relocated or retained within highway rights of way. These forms provide for a definite understanding about the location and manner in which utilities will be installed and/or maintained and, where applicable, provide the necessary rights needed by the state to occupy the property interests held by the utility company.
Contact MNT or ROW concerning questions about the placement of utility lines. Contact the Secretary of State to determine if the owner or operator has been incorporated within the State of Texas and what kind of business the owner or operator manages. This assures that an entity legally exists within this state and verifies that the purpose of the subject line(s) agrees with the Articles of Incorporation. It has been found at times that the latter does not always agree.
Anchor: #i1000786Additional Guidelines
Contact the Railroad Commission to determine if the subject entity has filed an "Application to Operate Pipeline," Form T-4 and whether the form has been approved by the Commission. Request a copy of the approved Form T-4 and the "Permit to Operate Pipeline," Form T-4A. By law, the Railroad Commission has the responsibility to monitor the placement of all oil and gas lines within this state.
This contact is made to ensure that the entity has filed the necessary Railroad Commission form for approval and provides the department opportunity to review Form T-4, for the purpose and intent of the subject line. The entity may be incorporated to do business within this state and the Application to Operate Pipeline, Form T-4 filed and approved indicating it is a common carrier or a gas utility. This assures that an entity legally exists. However, the data is further reviewed to ensure that the specific line in question is to be or is being used for public purposes rather than for private purposes.