UTILITIES CODE
CHAPTER 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY OF
UTILITY SERVICE
SUBCHAPTER A. CONTINUITY OF UTILITY SERVICE
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. MANIPULATION OF SERVICE FOR CERTAIN LAW ENFORCEMENT
PURPOSES
§ 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, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. FRAUDULENT OBTAINING OF SERVICE
§ 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, § 1, eff. Sept. 1, 1997.
§ 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 penitentiary 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. AVAILABILITY OF EMERGENCY TELEPHONE SERVICE
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
SUBCHAPTER E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG,
OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 2, eff. Sept. 1, 2003.
