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Tex. Util. Code § 181.047

EFFECT OF MUNICIPAL INCORPORATION ON LINE PREVIOUSLY CONSTRUCTED

Applied in 1 court decision — leading case City of Richardson v. Oncor Elec. Delivery Co. (2018)

Most recently applied in City of Richardson v. Oncor Elec. Delivery Co. (February 2018)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff

(a) An electric utility that owns a line on a state highway or county road in a city or town that, at the time of the construction of the line, is unincorporated but that later incorporates as a municipality may continue to exercise in the municipality the authority granted by Section 181.042 until the 10th anniversary of the date of the incorporation.

(b) After that period, to continue to exercise the authority in the municipality the electric utility must have the consent of the governing body of the municipality.

(c) The governing body of the municipality may require the electric utility to relocate a pole or line, at the utility's own expense, to allow the widening or straightening of a street. To impose a requirement under this subsection, the governing body of the municipality must give to the electric utility 30 days' notice. The notice must indicate the new location for the pole or line along the right-of-way of the street.

(d) This section does not prohibit a municipality from imposing a tax or special charge for the use of a street as authorized by Subchapter B, Chapter 182, Tax Code.

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