Use and occupancy agreements are required when utility facilities are installed, relocated, or maintained along or across department property. In situations in which the utility has a prior property interest that is being retained within the railroad right of way, a joint use agreement is required. Approval of requests to install, maintain, or relocate a utility facility within department property shall be evidenced by an agreement that includes the terms, conditions, and utility location plans as may be prescribed by the director of the Right of Way Division to convey necessary information in order to protect and preserve the railroad and the safety, health, and welfare of those who are using it. Requests for utility facility installation along with plans for the proposed installation shall be submitted to the department at least 30 days prior to the commencing of construction. It is the utility's responsibility to inform the department, in writing, of any:
  (1) material change in the character, use, or function of an approved utility facility; and
  (2) name, ownership, or address change.

Source Note: The provisions of this §21.905 adopted to be effective April 20, 2006, 31 TexReg 3273; amended to be effective December 11, 2008, 33 TexReg 10064