Texas Codes

Tex. Water Code § 60.102 (2026)

Utility Relocation

✓ current as of May 2026

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Sec. 60.102. UTILITY RELOCATION. (a) If a district in the exercise of the powers conferred by this subchapter or in the exercise of the power of eminent domain or the police power requires the relocating, raising, lowering, rerouting, or changing in grade, or altering in the construction of any railroad, electric transmission line, telegraph or telephone line, conduit, pole, properties or facilities, or pipeline, the relocating, raising, lowering, rerouting, changing in grade, or altering of construction shall be done at the sole expense of the district.

(b) "Sole expense" means the actual cost of the relocation, raising, lowering, rerouting, change in grade, or alteration of construction in providing comparable replacement without enhancement of the facilities, after deducting the net salvage value derived from the old facility.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Notes of Decisions

Cited in 3 cases, 2002–2013 · leading case: Sw. Bell Tel., L.P. v. Emmett, 401 S.W.3d 826 (Tex. App. 2013).

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Sw. Bell Tel., L.P. v. Emmett, 401 S.W.3d 826 (Tex. App. 2013). “See Tex. Water Code Ann. § 60.102 (a) (Vernon 2004) (“If a district in the exercise of the powers conferred by this subchapter or in the exercise of the power of eminent domain or the police power requires the relocating, raising, lowering, rerouting, or changing in grade, or…”

Air Liquide Am. Corp. v. U.S. Army Corps of Engineers, 308 F. Supp. 2d 756 (S.D. Tex. 2002). · cites it 2× “TEX. WATER CODE § 60.102. 5. Jurisdiction.”

Sw. Bell Tel., L.P. D/B/A AT & T Texas v. Ed Emmett, El Franco Lee, Sylvia Garcia, Steve Radack & Jerry Eversole, as Members of the Harris Cnty. Commissioners' Court, Michael Marcotte, as Dir. of the City of Houston Dep't of Pub. Works & Eng'g, & the City of Houston (Tex. App. 2013). “See Tex. Water Code Ann. § 60.102 (a) (Vernon 2004) (“If a district in the exercise of the powers conferred by this subchapter or in the exercise of the power of eminent domain or the police power requires the relocating, raising, lowering, rerouting, or changing in grade, or…”

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