Section 21.33 - Applicability(a) For highways under department jurisdiction, the provisions of this subchapter concerning utility accommodation apply to:(1) new utility facility installations;(2) additions to or maintenance of existing utility facility installations;(3) adjustments or relocations of utility facilities; and(4) existing utility facilities retained within the right of way.(b) The provisions of this subchapter concerning utility accommodation do not apply to utility facilities located within the rights of way of completed highways for which agreements with the department were entered into before the effective date of this subchapter.(c) This subchapter applies to utility facilities not specifically mentioned in accordance with the nature of the utility facility. All pipelines carrying corrosive, caustic, flammable, explosive, or otherwise hazardous materials and saltwater pipelines, other than a temporary saltwater pipeline approved under § 21.57 of this subchapter, shall conform to the provisions for high-pressure pipelines.(d) The district engineer may prescribe special district supplemental accommodation requirements on a specific installation or adjustment based on the specific soil, terrain, climate, vegetation, traffic characteristics, type of utility facility, or other factors unique to the area. If the district supplemental accommodation requirements are more strict than the minimum requirements of this subchapter, the supplemental accommodation requirements must be detailed in writing.43 Tex. Admin. Code § 21.33
The provisions of this §21.33 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 10, 2009, 34 TexReg 8795; amended by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7946, eff. 10/12/2014; amended to be effective April 20, 2016, 41 TexReg 2777