Section 21.39 - Ownership, Function, Abandonment, and Idling of Facilities(a) Change of ownership. If a utility sells, assigns, or conveys its utility facility to another company, the new owner must, within a reasonable period of time, notify the department of the sale in writing and: (1) provide the name, address, and phone number of the new owner and a person to be contacted on matters concerning the utility facility;(2) acknowledge whether the new owner is a public utility, common carrier, or other entity authorized by state law to operate, construct, and maintain its lines over, under, across, on, or along state highways as specified in § 21.36(a) of this subchapter (relating to Rights of Utilities); and(3) update all call signs and markers.(b) Saltwater pipeline facility change of ownership. Notwithstanding subsection (a) of this section, if the utility facility is a saltwater pipeline facility located within the state's right of way by lease, the saltwater pipeline operator shall obtain written approval from the department before ownership of the saltwater pipeline facility may be transferred.(c) Change of function. If a utility wishes to materially change the character, use, or function of an approved utility facility and that new character, use, or function would result in the application of more stringent requirements under the provisions of this subchapter than are applicable to the approved utility facility, the utility must submit to the department a written request for a new use and occupancy agreement and otherwise comply with the requirements contained in this subchapter concerning utility accommodation.(d) Abandonment or idling of facility. (1) Notice. If a utility abandons or idles a utility facility, it must, within a reasonable period of time, notify the department of that status in writing and in the case of abandonment, indicate whether the utility facility will be removed or abandoned in place. (2) Abandonment in place. (A) A utility that wishes to abandon a utility facility in place must submit a written request to the district engineer for each type of facility. The request must include the following detailed information for each facility proposed for abandonment: (i) offsets from property lines and the centerline of the highway;(ii) coordinates based on the global positioning system (GPS) or a survey datum as directed by the department;(iii) the age, condition, material type, current status, quantity, and size of the utility facility;(iv) a legend explaining symbols, characters, abbreviations, scale, and other data shown on any as-built drawing or record mapping;(v) a statement certifying that the utility facility does not contain, or is not composed of, hazardous or contaminated materials; and(vi) any additional information requested by the department.(B) If the district engineer approves the abandonment in place, the utility facility owner shall continue to map, locate, and mark its abandoned utility facilities as required by this subchapter, federal regulations, or standards adopted by industry organizations, whichever is more restrictive.(C) Abandonment shall not be construed as a change in ownership of the utility facility.(3) Abandonment costs and restoration of public right of way. The utility shall be responsible for all costs associated with the maintenance or removal of its abandoned or idled utility facilities within the right of way, unless removal of the line is caused by an active highway project and adjustment is the financial responsibility of the department.(4) Voids. Significant voids beneath the right of way are prohibited. The department, at the discretion of the district engineer, may require that a utility facility be filled with cement slurry or backfilled in accordance with department standards.(5) High and low pressure pipeline abandonment. Each utility shall conduct abandonment or deactivation of pipelines within the right of way in compliance with the requirements of this section, current federal, state, or local laws or codes, or industry standards, whichever are more stringent. If the pipeline is approved for abandonment in place, the utility shall: (A) purge, cut, and cap or plug the ends of all pipeline facilities at the right of way lines;(B) submit to the department a written certification that the abandonment conforms with all requirements of this section, current federal, state, or local laws or codes, or industry standards, whichever are more stringent;(C) slurry-fill the pipeline, if the department determines it is needed due to the age, condition, material type, quantity, and size of the facility; and(D) disconnect each pipeline from all sources and supplies of gas, purge each pipeline of gas and, in the case of submerged pipelines, fill each pipeline with water or other approved materials, and seal it at the ends.(6) Abandoned gas service lines. For each gas service line approved for abandonment in place, the utility shall: (A) provide a locking device or other means designed to prevent opening on each valve that is closed, to prevent the flow of gas to the customer;(B) install in the service line or in the meter assembly a mechanical device or fitting that will prevent the flow of gas;(C) physically disconnect the customer's piping from the gas supply and seal the open pipe ends;(D) insure that a combustible mixture is not present after purging; and(E) fill each abandoned vault with a suitable compacted material.(7) Record keeping for abandoned utility facilities. A record of underground utility facilities abandoned in the right of way shall be maintained in a utility's permanent files until the utility facility is completely removed from the ground, and shall be provided to the department promptly upon request. This record must include: (A) offsets from property lines and the centerline of the right of way;(B) coordinates derived from the global positioning system being used by the department or a survey datum as directed by the department;(C) the type, quantity, and size of the equipment;(D) a legend explaining symbols, characters, abbreviations, scale, and other data shown on map;(E) the location of the abandoned facilities; and(F) any additional information requested by the department.43 Tex. Admin. Code § 21.39
The provisions of this §21.39 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 11, 2008, 33 TexReg 10064; amended by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7949, eff. 10/12/2014