Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Wolens H.B. No. 2907 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the installation, maintenance, and operation of certain 1-3 telecommunications facilities on or within state highway 1-4 improvements. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 202.052(c), Transportation Code, is 1-7 amended to read as follows: 1-8 (c) The department shall charge not less than fair market 1-9 value for the highway asset, payable in cash, services, tangible or 1-10 intangible property, or any combination. 1-11 SECTION 2. Chapter 202, Transportation Code, is amended by 1-12 adding Subchapter E to read as follows: 1-13 SUBCHAPTER E. TELECOMMUNICATIONS FACILITIES 1-14 Sec. 202.091. DEFINITIONS. In this subchapter, 1-15 "telecommunications" means any transmission, emission, or reception 1-16 of signs, signals, writings, images, or sounds of intelligence of 1-17 any nature by wire, radio, optical, or other electromagnetic 1-18 systems. 1-19 Sec. 202.092. USE OF DEPARTMENT FACILITIES. Notwithstanding 1-20 any other law, a telecommunications provider may not place or 1-21 maintain its facilities or otherwise utilize improvements, 1-22 including structures, medians, conduits or telecommunications 1-23 equipment or lines constructed or installed by the state as 1-24 components of the state highway system except in accordance with a 2-1 valid lease under Section 202.052 or an agreement under Section 2-2 202.093. 2-3 Sec. 202.093. AGREEMENT. (a) Notwithstanding any other 2-4 law, the department may enter into an agreement with a 2-5 telecommunications provider allowing the provider, for the 2-6 provider's commercial purposes, to: 2-7 (1) place the provider's telecommunications facilities 2-8 within the median of a divided state highway; or 2-9 (2) place lines within or otherwise use 2-10 telecommunications facilities owned or installed by the state in or 2-11 on the improved portion of a state highway, including a median, 2-12 structures, equipment, conduits, or any other component of the 2-13 highway facilities constructed or owned by the department. 2-14 (b) An agreement entered into under Subsection (a) may 2-15 provide for compensation between the department and the 2-16 telecommunications provider in the form of cash or the shared-use 2-17 of facilities. 2-18 Sec. 202.094. COMPETITIVE SEALED PROPOSAL. (a) Prior to 2-19 entering into an agreement with a telecommunications provider under 2-20 this subchapter, the department shall follow a procedure using 2-21 competitive sealed proposals. 2-22 (b) The department shall solicit proposals by a request for 2-23 proposals and shall publish notice of the request in at least two 2-24 newspapers of general circulation and in the Texas Register. 2-25 (c) The proposals shall be opened so as to avoid disclosure 2-26 of contents to competing offerors during the process of 2-27 negotiation. After a contract is awarded, all proposals that have 2-28 been submitted shall be open for public inspection subject to the 2-29 provisions of Subchapter C, Chapter 552, Government Code. 2-30 (d) The department may discuss an acceptable or potentially 3-1 acceptable proposal with an offeror to assess the offeror's ability 3-2 to meet the solicitation requirements. After the submission of a 3-3 proposal but before making an award, the department may permit the 3-4 offeror to revise the proposal in order to obtain the best final 3-5 offer. The department may not disclose any information derived 3-6 from proposals submitted from competing offerors in conducting 3-7 discussions under this section. The department shall provide each 3-8 offeror with an equal opportunity for discussion and revision of 3-9 proposals. 3-10 (e) The department shall make a written award of a contract 3-11 to the offeror whose proposal is the most advantageous to the 3-12 state, considering price and the evaluation factors in the request 3-13 for proposals, except that if the department finds that none of the 3-14 offers is acceptable, it shall refuse all offers. The contract 3-15 file must state in writing the basis on which the award is made. 3-16 Sec. 202.095. APPLICABILITY. (a) Subtitle D, Title 10, 3-17 Government Code, does not apply to a procurement under this 3-18 subchapter. 3-19 (b) This subchapter shall not limit a telecommunications 3-20 provider from placing lines or facilities in the unimproved portion 3-21 of state highway right of way to the extent authorized by 3-22 applicable law. 3-23 Sec. 202.096. REVENUE. The department shall deposit in the 3-24 state highway fund any revenue received under this subchapter. 3-25 Sec. 202.097. RULEMAKING. The commission shall adopt rules 3-26 for the implementation of this subchapter. 3-27 SECTION 3. The importance of this legislation and the 3-28 crowded condition of the calendars in both houses create an 3-29 emergency and an imperative public necessity that the 3-30 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is hereby suspended, 4-2 and that this Act take effect and be in force from and after its 4-3 passage, and it is so enacted.