1. (a) For highways under the jurisdiction of the department, the provisions of this undesignated head concerning utility accommodation shall apply to:

   1. (1) new utility installations;
   2. (2) additions to existing utility installations;
   3. (3) adjustments or relocations of utilities incident to highway construction; and
   4. (4) existing utility installations retained within the right-of-way.
2. (b) The provisions of this undesignated head, concerning utility accommodation will not be applied to utility facilities presently located within the rights-of-way of completed highways for which agreements with the department were entered into prior to December 31, 1988.
3. (c) Various types of utility lines not specifically covered herein shall be considered within the provisions of this undesignated head concerning utility accommodation in accordance with the nature of the line. It shall be a general practice to consider all lines carrying caustic, flammable, or explosive materials under the provisions for high pressure gas and liquid fuel lines.

Source Note:The provisions of this §21.33 adopted to be effective May 29, 1989, 14 TexReg 2370; amended to be effective July 13, 1990, 15 TexReg 3751.