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Tex. Health & Safety Code § 752.004

RESTRICTION ON ACTIVITIES NEAR LINES

Applied in 5 court decisions — leading case Traxler v. Entergy Gulf States, Inc. (2012)

Most recently applied in Traxler v. Entergy Gulf States, Inc. (March 2012)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

How often courts cite this section

199820002010201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Unless a person, firm, corporation, or association effectively guards against danger by contact with the line as prescribed by Section 752.003, the person, firm, corporation, or association, either individually or through an agent or employee, may not perform a function or activity on land, a building, a highway, or other premises if at any time it is possible that the person performing the function or activity may:

(1) move or be placed within six feet of a high voltage overhead line while performing the function or activity; or

(2) bring any part of a tool, equipment, machine, or material within six feet of a high voltage overhead line while performing the function or activity.

(b) A person, firm, corporation, or association may not require an employee to perform a function or activity prohibited by Subsection (a).

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.