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A BILL TO BE ENTITLED
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AN ACT
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relating to an accommodation process authorizing the use of state |
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highway rights-of-way by broadband-only providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Transportation Code, is amended by |
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adding Section 250.002 to read as follows: |
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Sec. 250.002. RIGHT-OF-WAY ACCOMMODATION FOR |
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BROADBAND-ONLY PROVIDERS. (a) In this section: |
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(1) "Broadband-only provider" means an entity that |
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exclusively provides broadband service. |
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(2) "Broadband service" means Internet service with |
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the capability of providing: |
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(A) a download speed of 25 megabits per second or |
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faster; and |
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(B) an upload speed of three megabits per second |
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or faster. |
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(b) The commission by rule shall: |
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(1) on a competitively and technologically neutral and |
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nondiscriminatory basis with respect to other providers of |
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broadband service, establish an accommodation process that |
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authorizes broadband-only providers to use state highway |
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rights-of-way, subject to highway purposes, for: |
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(A) new broadband facility installations; |
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(B) additions to or maintenance of existing |
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broadband facility installations; |
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(C) adjustments or relocations of broadband |
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facilities; and |
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(D) existing broadband facilities retained |
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within the rights-of-way; and |
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(2) prescribe minimum requirements for the |
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accommodation, method, materials, and location for the |
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installation, adjustment, and maintenance of broadband facilities |
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under the accommodation process. |
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SECTION 2. Not later than the first anniversary of the |
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effective date of this Act, the Texas Transportation Commission |
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shall adopt the rules required by Section 250.002, Transportation |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |