(a) Under state law, public utilities have a right to operate, construct, and maintain their facilities over, under, across, on, or along highways, subject to highway purposes. This includes entities authorized by law to transport or distribute natural gas, water, electric power, telephone, or cable television and those common carriers authorized to construct and operate petroleum product and saltwater pipelines.
(b) A private utility may place a utility facility over, under, or across a highway, subject to highway purposes, but it is not permitted to place a utility facility longitudinally on a highway right of way.
(c) A saltwater pipeline operator may place a saltwater pipeline facility over, under, or across a highway, subject to highway purposes. A saltwater pipeline operator may, by lease only, be permitted to place a saltwater pipeline facility longitudinally within a highway right of way.
(d) If an entity requests the installation of a new utility facility or the adjustment or relocation of an existing utility facility longitudinally within a highway right of way and the entity's legal authority to install, adjust, or relocate its facility longitudinally within the highway right of way is not readily evident, the department may require that the entity provide:
  (1) a written certification that it is an entity authorized by state law to operate, construct, and maintain its utility facilities over, under, across, on, or along state highways; and
  (2) documentation that substantiates that the entity filed its status with the applicable state regulatory commission or agency and its facilities are subject to public safety regulation.

Source Note: The provisions of this §21.36 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 10, 2009, 34 TexReg 8795; amended to be effective October 12, 2014, 39 TexReg 7946