CHAPTER 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY OF UTILITY SERVICE

State Codes and Statutes

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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.

(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.

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.

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

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.

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;

(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;

(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.

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

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.

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.

(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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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