(a) This subchapter applies to a construction or the repair, replacement, or maintenance of a construction unless there is a written agreement, including a Texas Department of Transportation right-of-way agreement, to the contrary between the owner or operator of the affected pipeline facility and the person that places or causes a construction to be placed on the easement or right-of-way of a pipeline facility.
(b) This subchapter does not apply to:
(1) construction done by a municipality on property owned by the municipality, unless the construction is for private commercial use; or
(2) construction or repair, replacement, or maintenance of construction on property owned by a navigation district or port authority created or operating under § 52, Article III, or § 59, Article XVI, Texas Constitution.