(a) This section applies only to the adjustment, modification, relocation, or removal of a gas pipeline that is owned or operated by a gas corporation authorized to act under Utilities Code, §181.005, and that is located longitudinally on a state highway right of way.
(b) The adjustment, modification, relocation, or removal of a gas pipeline owned or operated by a gas corporation made necessary by an improvement to a state highway will be at the sole cost and expense of the gas corporation, except that the department will reimburse the gas corporation for that cost and expense if:
  (1) the owner or operator of the pipeline has a private property interest in the land occupied by the pipeline that is adjusted, modified, relocated, or removed; or
  (2) the pipeline is owned or operated by a gas utility, as defined in the Utilities Code, §181.021 or a common carrier subject to Natural Resources Code, Chapter 111, and meets the requirements of Transportation Code, §203.092.
(c) If an owner or operator of a gas pipeline requests reimbursement from the department for the costs of adjustment, modification, relocation, or removal of its pipeline under subsection (b)(2) of this section, the pipeline owner or operator must provide:
  (1) a written certification that it is a gas utility or common carrier that qualifies for reimbursement under subsection (b)(2) of this section; and
  (2) documentation that substantiates that the pipeline owner or operator properly filed its status with the Railroad Commission of Texas and is a gas utility, as defined in the Utilities Code, §181.021 or a common carrier subject to Natural Resources Code, Chapter 111.

Source Note: The provisions of this §21.24 adopted to be effective December 10, 2009, 34 TexReg 8795