Title UT, Utilities Code

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, t…

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 primar…

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 protec…

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 tha…

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 a…

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, …

Sec. 186.007. PUBLIC UTILITY COMMISSION WEATHER EMERGENCY PREPAREDNESS REPORTS. (a) In this section, "commission" means the Public Utility Commission of Texas. (a-1) The commission shall analyze emergency operations plans developed by electric utilities as defined by Section 31.0…

Sec. 186.008. RAILROAD COMMISSION WEATHER EMERGENCY PREPAREDNESS REPORTS. (a) In this section, "commission" means the Railroad Commission of Texas. (b) The commission shall analyze emergency operations plans developed by operators of facilities that produce, treat, process, press…

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 commi…

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 1…

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…

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…

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…

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 par…

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 ambul…

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 …

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) wi…

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 C…

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 carri…

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, …

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 rai…

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 d…

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 …

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 no…

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 utili…

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 t…

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…

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.

Sec. 187.001. DEFINITIONS. In this chapter: (1) "Battery energy storage facility" includes: (A) a battery energy storage resource; and (B) any facility or equipment necessary to support the operation of the battery energy storage resource, other than a facility or equipment owned…

Sec. 187.002. APPLICABILITY. This chapter applies only to a battery energy storage facility with a capacity of one megawatt hour or greater and a commercial operations date, determined according to criteria adopted by the commissioner, that occurs on or after January 1, 2027. Add…

Sec. 187.003. FIRE SAFETY STANDARDS FOR BATTERY ENERGY STORAGE FACILITIES. (a) The commissioner by rule shall adopt fire safety standards and testing requirements for the design, installation, operation, and safety of battery energy storage facilities based solely on: (1) nationa…

Sec. 187.004. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY STORAGE FACILITIES. (a) In this section, "first responder" has the meaning assigned by Section 78B.001, Civil Practice and Remedies Code. (b) The commissioner by rule may prescribe procedures or requirements as necessary…

Sec. 187.005. ENFORCEMENT. (a) The commissioner by rule shall: (1) delegate to the state fire marshal the authority to take disciplinary and enforcement actions, including the imposition of administrative penalties, to enforce this chapter in the manner provided by Section 417.01…

Sec. 251.001. SHORT TITLE. This chapter may be cited as the Underground Facility Damage Prevention and Safety Act. Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.

Sec. 251.002. DEFINITIONS. In this chapter: (1) "Class A underground facility" means an underground facility that is used to produce, store, convey, transmit, or distribute: (A) electrical energy; (B) natural or synthetic gas; (C) petroleum or petroleum products; (D) steam; (E) a…

Sec. 251.003. EXEMPTIONS. The following are not subject to this chapter as underground facilities: (1) an aboveground or underground storage tank, sump, or impoundment or piping connected to an aboveground or underground storage tank, sump, or impoundment located in the same trac…

Sec. 251.004. APPLICATION TO CERTAIN CONTRACTORS AND STATE EMPLOYEES. (a) This chapter does not apply to a contractor working in the public right-of-way under a contract with the Texas Department of Transportation. (b) Excavation by an employee of the Texas Department of Transpor…

Sec. 251.005. CONVERSION OF FACILITY OR OPERATOR. (a) An operator of an underground facility that is exempted under this subchapter may voluntarily convert that facility to a Class A underground facility by sending written communication from a competent authority of the operator …

Sec. 251.006. COMPLIANCE BY PERMIT HOLDERS. (a) The fact that a person has a legal permit, permission from the owner of the property or the owner's licensee, or an easement to conduct excavation operations does not affect the person's duty to comply with this chapter. (b) Complia…

Sec. 251.007. FACILITY ON COUNTY OR MUNICIPAL ROAD. This chapter does not affect a contractual or statutory right of a county or municipality to require an operator to relocate, replace, or repair its underground facility. Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff…

Sec. 251.008. EFFECT ON CIVIL REMEDIES. Except as otherwise specifically provided by this chapter, this chapter, including Section 251.201, does not affect any civil remedy for personal injury or for property damage, including any damage to an underground facility. Added by Acts …

Sec. 251.009. PROVISION OF GENERAL INFORMATION. At least once each calendar year, at intervals not exceeding 15 months, each Class A underground facility operator who conveys, transmits, or distributes by means of its underground facilities service directly to more than one milli…

Sec. 251.051. PURPOSE. The Texas Underground Facility Notification Corporation provides statewide notification services under this chapter. Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.17(a), eff. Sept. 1, 1999.

Sec. 251.052. NONPROFIT CORPORATION. The corporation is a public nonprofit corporation and has all the powers and duties incident to a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except that the corp…

Sec. 251.053. APPLICATION OF OPEN MEETINGS AND OPEN RECORDS LAWS. The corporation is subject to Chapters 551 and 552, Government Code, except that the corporation may not disseminate, make available, or otherwise distribute service area map data or information provided by an oper…

Sec. 251.054. EXPENSES AND LIABILITIES OF CORPORATION. (a) All expenses of the corporation shall be paid from income of the corporation. (b) A liability created by the corporation is not a debt of this state, and the corporation may not secure a liability with funds or assets of …