Tex. Utils. Code Section 181.047
Effect of Municipal Incorporation on Line Previously Constructed

(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 (Authority to Construct, Maintain, and Operate Lines) 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 (Definitions), Chapter 182 (Miscellaneous Gross Receipts Taxes), Tax Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 181.047 — Effect of Municipal Incorporation on Line Previously Constructed, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­181.­htm#181.­047 (accessed Jun. 5, 2024).

181.001
Definitions 181.002
Corporate Powers 181.003
Authority to Borrow Money, Issue Stock, or Mortgage Property 181.004
Condemnation of Property 181.005
Authority to Lay and Maintain Lines 181.006
Consent Required in Municipality 181.007
Authority to Hold Land or Other Property 181.008
Authority Relating to Transport or Sale 181.009
Discrimination Prohibited 181.021
Definitions 181.022
Authority to Lay and Maintain Gas Facility 181.023
Consent Required in Municipality 181.024
Notice to State or County 181.025
Relocation of Gas Facility to Allow Change to Traffic Lane 181.026
Effect of Municipal Incorporation on Gas Facility Previously Laid 181.041
Definitions 181.042
Authority to Construct, Maintain, and Operate Lines 181.043
Consent Required in Municipality 181.044
Notice to State or County 181.045
Standards for Construction, Operation, and Maintenance of Lines 181.046
Relocation of Line to Allow Road or Ditch Improvement 181.047
Effect of Municipal Incorporation on Line Previously Constructed 181.048
Electric Cooperative Broadband Facilities 181.061
Definition 181.062
Telegraph Connections 181.063
Exceptions 181.064
Hearing and Determination 181.065
Penalty 181.066
Appeal 181.081
Definitions 181.082
Authority to Install Facility in Relation to Public Property 181.083
Authority to Construct Line on Private Property 181.084
Appropriation or Condemnation of Land 181.085
Prohibition on Land Contract Excluding Another Telegraph Utility 181.086
Lines in or Outside State 181.087
Use of Another’s Telegraph Line 181.088
Consolidation of Utilities 181.089
Municipal Regulation 181.101
Definitions 181.102
Authority to Install and Maintain Equipment 181.103
Notice to State or County 181.104
Relocation of Equipment to Allow Change to Traffic Lane 181.901
Authority of General-law Municipality to Protect Utility 181.902
Authority of General-law Municipality to Prevent Use or Waste of Utility Commodity or Service 181.903
Restriction on Regulation of Utility Services and Infrastructure
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Accessed:
Jun. 5, 2024

§ 181.047’s source at texas​.gov