Tex. Utils. Code Section 121.2025
Authority of Municipality to Assess Charges


(a)

Except as otherwise provided by this section or Section 182.025 (Charges by a City), Tax Code, a municipality may not assess a charge for the placement, construction, maintenance, repair, replacement, operation, use, relocation, or removal of a gas pipeline facility on, along, under, or across a public road, highway, street, alley, stream, canal, or other public way.

(b)

A municipality may:

(1)

assess a reasonable annual charge for the placement, construction, maintenance, repair, replacement, operation, use, relocation, or removal by an owner or operator of a gas pipeline facility on, along, or across the public roads, highways, streets, alleys, streams, canals, or other public ways located within the municipality and maintained by the municipality; and

(2)

recover the reasonable cost of repairing damage to a public road, highway, street, alley, stream, canal, or other public way located within the municipality and maintained by the municipality that is caused by the placement, construction, maintenance, repair, replacement, operation, use, relocation, or removal of a gas pipeline facility if the owner or operator of the facility does not repair the damage in accordance with generally applicable paving standards or other applicable standards in the municipality.

(c)

A charge authorized by Subsection (b)(1) may not exceed the cost to the municipality of administering, supervising, inspecting, and otherwise regulating the location of the gas pipeline facility, including maintaining records and maps of the location of the pipeline facility.

(d)

The owner or operator of a gas pipeline facility may appeal the assessment of a charge under Subsection (b)(1) to the railroad commission. The railroad commission shall hear the appeal de novo. Unless the municipality that assessed the charge establishes that the charge is authorized by this section, the railroad commission shall declare the charge invalid or reduce the charge to an amount authorized by this section. The railroad commission has exclusive jurisdiction to determine whether a charge under Subsection (b)(1) is authorized by this section. The owner or operator of the gas pipeline facility and the municipality shall share equally the costs incurred by the railroad commission in connection with the appeal.

(e)

A municipality must file suit to collect a charge authorized by Subsection (b)(1) not later than the fourth anniversary of the date the charge becomes due. The running of the limitations period under this subsection is tolled on the filing of an appeal of the charge under Subsection (d) and begins running again on the date the appeal is determined.

(f)

This section may not be construed to prevent a municipality from:

(1)

recovering the reasonable cost of repairing damage to a municipal facility, other than a public way, caused by acts of the owner or operator of a gas pipeline facility; or

(2)

requiring the owner or operator of a gas pipeline facility to relocate the pipeline facility, at the owner’s or operator’s expense, to permit the construction, maintenance, modification, or alteration of a municipal facility.

(g)

Notwithstanding Subsection (f)(2), the municipality shall pay the cost of relocating a gas pipeline facility if the pipeline facility is authorized by a property right that has priority over the municipality’s right to use the public way for the municipal facility.
Added by Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 6, eff. June 17, 2005.
Added by Acts 2005, 79th Leg., Ch. 720 (S.B. 480), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1311 (H.B. 2572), Sec. 1, eff. June 19, 2009.

Source: Section 121.2025 — Authority of Municipality to Assess Charges, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­121.­htm#121.­2025 (accessed Mar. 23, 2024).

121.001
Definition of Gas Utility
121.002
Affiliate of Gas Utility Excluded
121.003
Agricultural Service Excluded
121.004
Transportation of Gas Solely for Interstate Commerce Excluded
121.005
Transportation of Gas in Vicinity of Place of Production Excluded
121.006
Vehicle Fuel Excluded
121.007
Transportation of Gas to and from Liquefied Natural Gas Marine Terminal Excluded
121.008
Certain Storage Facilities Owned by Electric Cooperatives Excluded
121.051
Gas Utility: Public Interest and Jurisdiction of Railroad Commission
121.052
Pipelines: Monopolies Subject to Railroad Commission
121.101
Maintenance of Office and Records in This State
121.102
Operator’s Report
121.103
Duty to Serve Certain Users Extinguished
121.104
Discrimination in Service and Charges Prohibited
121.151
Railroad Commission Regulation of Gas Pipelines
121.152
Initiation of Regulatory Proceeding
121.153
Railroad Commission Review of Gas Pipeline Orders and Agreements
121.154
Refund of Excess Charges
121.155
Rate Reduction or Determination by Municipality and Appeal
121.157
Railroad Commission Employees
121.158
Payment from the General Revenue Fund
121.201
Safety Rules
121.202
Municipal and County Authority
121.203
Enforcement: Injunction
121.204
Civil Penalty
121.205
Settlement by Attorney General
121.206
Administrative Penalty for Violation of Pipeline Safety Standard or Rule
121.207
Pipeline Safety Administrative Penalty: Assessment Procedure
121.208
Pipeline Safety Administrative Penalty: Payment of Penalty
121.209
Pipeline Safety Administrative Penalty: Refund of Payment or Release of Bond
121.210
Recovery by Attorney General
121.211
Pipeline Safety and Regulatory Fees
121.213
Installation, Removal, and Replacement of Certain Pipelines
121.214
Pipeline Incident Reporting and Records
121.251
Railroad Commission to Investigate Use of Gas Malodorants
121.252
Regulation of Use of Malodorants
121.253
Interstate Transportation of Gas Excluded
121.301
Receivership
121.302
Civil Penalty
121.303
Penalty Recoverable by Victim of Discrimination
121.304
Pollution or Public Safety Administrative Penalty
121.305
Pollution or Public Safety Administrative Penalty: Assessment Procedure
121.306
Pollution or Public Safety Administrative Penalty: Payment of Penalty
121.307
Pollution or Public Safety Administrative Penalty: Appeals
121.308
Pollution or Public Safety Administrative Penalty: Refund of Payment or Release of Bond
121.309
Pollution or Public Safety Administrative Penalty: Recovery
121.310
Criminal Penalty
121.401
Appeal to Court
121.402
Appeal: Burden and Standard of Proof
121.403
Appeal from Trial Court
121.451
Definitions
121.452
Applicability
121.453
Permit Application
121.454
Railroad Commission Approval or Denial
121.501
Definition
121.502
Duty to Pressure Test
121.503
Requirements of Test
121.504
Notice of Test
121.505
Termination of Service
121.506
Report of Leakage
121.507
Enforcement
121.2015
Required Safety Rules
121.2025
Authority of Municipality to Assess Charges
121.5005
Applicability

Accessed:
Mar. 23, 2024

§ 121.2025’s source at texas​.gov