CHAPTER 752. HIGH VOLTAGE OVERHEAD LINES

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 752. HIGH VOLTAGE OVERHEAD LINES

Sec. 752.001. DEFINITIONS. In this chapter:

(1) "High voltage" means more than 600 volts measured between

conductors or between a conductor and the ground.

(2) "Overhead line" means a bare or insulated electrical

conductor installed above ground but does not include a conductor

that is de-energized and grounded or that is enclosed in a rigid

metallic conduit.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.002. EXEMPTION FOR CERTAIN EMPLOYEES AND ACTIVITIES.

(a) This chapter does not apply to the construction,

reconstruction, operation, or maintenance by an authorized person

of overhead electrical or communication circuits or conductors

and their supporting structures and associated equipment that are

part of a rail transportation system, an electrical generating,

transmission, or distribution system, or a communication system.

(b) In this section, "authorized person" means:

(1) an employee of a light and power company, an electric

cooperative, or a municipality working on his employer's

electrical system;

(2) an employee of a transportation system working on the

system's electrical circuits;

(3) an employee of a communication utility;

(4) an employee of a state, county, or municipal agency that has

authorized circuit construction on the poles or structures that

belong to an electric power company, an electric cooperative, a

municipal or transportation system, or a communication system;

(5) an employee of an industrial plant who works on the plant's

electrical system; or

(6) an employee of an electrical or communications contractor

who is working under the contractor's supervision.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.003. TEMPORARY CLEARANCE OF LINES. (a) A person,

firm, corporation, or association responsible for temporary work

or a temporary activity or function closer to a high voltage

overhead line than the distances prescribed by this chapter must

notify the operator of the line at least 48 hours before the work

begins.

(b) A person, firm, corporation, or association may not begin

the work, activity, or function under this section until the

person, firm, corporation, or association responsible for the

work, activity, or function and the owner or operator, or both,

of the high voltage overhead line have negotiated a satisfactory

mutual arrangement to provide temporary de-energization and

grounding, temporary relocation or raising of the line, or

temporary mechanical barriers to separate and prevent contact

between the line and the material or equipment or the person

performing the work, activity, or function.

(c) The person, firm, corporation, or association responsible

for the work, activity, or function shall pay the operator of the

high voltage overhead line the actual expense incurred by the

operator in providing the clearance prescribed in the agreement.

The operator may require payment in advance and is not required

to provide the clearance until the person, firm, corporation, or

association responsible for the work, activity, or function makes

the payment.

(d) If the actual expense of providing the clearance is less

than the amount paid, the operator of the high voltage overhead

line shall refund the surplus amount.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a) Unless

a person, firm, corporation, or association effectively guards

against danger by contact with the line as prescribed by Section

752.003, the person, firm, corporation, or association, either

individually or through an agent or employee, may not perform a

function or activity on land, a building, a highway, or other

premises if at any time it is possible that the person performing

the function or activity may:

(1) move or be placed within six feet of a high voltage overhead

line while performing the function or activity; or

(2) bring any part of a tool, equipment, machine, or material

within six feet of a high voltage overhead line while performing

the function or activity.

(b) A person, firm, corporation, or association may not require

an employee to perform a function or activity prohibited by

Subsection (a).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.005. RESTRICTION ON OPERATION OF MACHINERY AND

PLACEMENT OF STRUCTURES NEAR LINES. Unless a person, firm,

corporation, or association effectively guards against danger by

contact with the line as prescribed by Section 752.003, the

person, firm, corporation, or association, either individually or

through an agent or employee, may not:

(1) erect, install, transport, or store all or any part of a

house, building, or other structure within six feet of a high

voltage overhead line;

(2) install, operate, transport, handle, or store all or any

part of a tool, machine, or equipment within six feet of a high

voltage overhead line; or

(3) transport, handle, or store all or any part of supplies or

materials within six feet of a high voltage overhead line.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.007. CRIMINAL PENALTY. (a) A person, firm,

corporation, or association or an agent or employee of a person,

firm, corporation, or association commits an offense if the

person, firm, corporation, association, agent, or employee

violates this chapter.

(b) An offense under this section is punishable by a fine of not

less than $100 or more than $1,000, confinement in jail for not

more than one year, or both.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 752.008. LIABILITY FOR DAMAGES. If a violation of this

chapter results in physical or electrical contact with a high

voltage overhead line, the person, firm, corporation, or

association that committed the violation is liable to the owner

or operator of the line for all damages to the facilities and for

all liability that the owner or operator incurs as a result of

the contact.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.