Anchor: #CHDBEEFB

Section 3: Texas Codes and Regulations

Anchor: #i1001748

Texas Administrative Code (TAC)

The TAC contains the rules and regulations adopted by Texas government agencies. The rules are codified within the TAC and have the force and effect of law. 43TAC, Part 1 affects TxDOT operations. It is necessary to be familiar with the applicable parts and sections of 43TAC.

Two significant issues dealt with in the TAC are:

  • Utility Agreements(43TAC, §21.21) states that the following will be in accordance with a written agreement between the State and the utility or LPA, whichever is applicable:
    • adjustment;
    • relocation;
    • removal of utility facilities on the State highway system; and
    • reimbursement for the costs of the work.
  • Utility Accommodation Rules (UAR)defines the minimum standards for the installation, adjustment, and maintenance of utility facilities within a transportation project or new utility installations. According to 23CFR Part G, §645.215,TxDOT is required to submit its UAR for approval by the FHWA, which has approved it. The UAR is contained in 43TAC §21.31 through 21.56, and is more restrictive than the CFR. A copy of the current UAR is available in PDF format.

In addition to 43TAC, the user should also reference:

Anchor: #i1001838

Transportation Code

The Transportation Code (Texas Civil Statutes, Titles 1 through 4, 6 and 7) is a compilation of general laws, some of which cover utility empowerments to occupy right of way. Users of this Manual should familiarize themselves with the following pertinent citations:

  • Surplus Property: Transportation Code, §202.029.
  • Telecommunication Use of Departmental Facilities: Transportation Code, §202.091, through §202.095.
  • Reimbursement for Adjustment of Utility Facilities: Transportation Code, §203.092.
  • Under-funded Utility Companies: Transportation Code, §203.092 and §203.094.
  • Reimbursement from State Highway Fund: Transportation Code, §203.092 and §203.093 authorize reimbursement of the cost of adjustment of the utility facility from the State Highway Fund.
  • State Infrastructure Bank (SIB): Transportation Code, §222.071.
  • Right of Way Cost: Transportation Code, §224.008.
Anchor: #i1001903

Utilities Code

The Utilities Code is a compilation of a wide range of subjects affecting utilities. The Utilities Code includes four titles:

  • Title 1 - General Provisions
  • Title 2 - Public Utility Regulatory Act
  • Title 3 - Gas Regulation
  • Title 4 - Delivery of Utility Services

This Code includes many provisions allowing joint use of right of way by utilities:

  • Utilities Code, Title 4, §162.122 for telephone cooperatives
  • Utilities Code, Title 4, §181.005 and §181.022 for gas
  • Utilities Code, Title 4, §181.042 for electric
  • Utilities Code, Title 4, §181.082 for telephone and telephony
  • Utilities Code, Title 4, §181.102 for cable television (CATV)

The Utilities Code contains the mandated minimum clearances of telecommunication and electric lines over roadways. Excavation operations that may damage underground facilities are included in Utilities Code §251.153, commonly referred to as �One Call.

Anchor: #i1001985

Local Government Code

The Local Government Code, Title 13, §402.104, also contains provisions allowing joint use of right of way for water utility companies.

Anchor: #i1001997

Water Code

The Water Code consists of five titles, which cover design, installation, easements, environmental impacts, and separation between potable water lines and sewer lines:

  • Title 1 - General Provisions
  • Title 2 - State Water Administration
  • Title 3 - River Compacts
  • Title 4 - General Law Districts
  • Title 5 - Special Law Districts

Also, refer to the Texas Commission on Environmental Quality (TCEQ) website regarding water hygiene.

Anchor: #i1002045

Natural Resources Code

The Natural Resources Code is a compilation into one code of the Texas Statutes relating to natural resources. The Chapter most applicable to this Manual is Natural Resources Code, Chapter 111, Common Carriers, Public Utilities and Common Purchasers. This Chapter states that common carriers are entitled to lay, maintain, and operate their pipelines along, across, or under any public stream or highway in this State. This entitlement includes any telegraph or telephone lines that are incidental to, and used only in connection with, the operation of the pipelines. To be considered a common carrier, an entity must submit Form T4, Application for Permit to Operate a Pipeline in Texas, and receive an approved Form T4A, Permit to Operate a Pipeline in Texas, with the Texas Railroad Commission. Therefore, when dealing with a pipeline on highway right of way, verification of common carrier status can be achieved by requesting a copy of the Texas Railroad Commission's certification granting such status. This verification should be accomplished as early in the utility adjustment process as possible due to its direct bearing on placement of the utility on right of way. The verification may be accomplished by:

  • having on file an approved certificate from the Texas Railroad Commission previously requested from and furnished by the utility;
  • determining if the ROW Division has on file an approved copy of the certification granting common carrier status;
  • requesting from the utility an approved copy of the certification from the Texas Railroad Commission granting common carrier status; or
  • other pertinent information that would substantiate their legal right.
Previous page  Next page   Title page