Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Cain S.B. No. 1294
A BILL TO BE ENTITLED
AN ACT
1-1 relating to telecommunication service certificates issued by the
1-2 Public Utility Commission and consents, franchises, and permits for
1-3 access to public rights-of-way for telecommunication purposes
1-4 issued by municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 1446c-0, V.T.C.S., Section 3.2555(a),
1-7 Public Utility Regulatory Act of 1995, is amended to read as
1-8 follows:
1-9 (a) An applicant for a certificate of operating authority or
1-10 service provider certificate of operating authority shall file with
1-11 its application a sworn statement issued by each municipality in
1-12 which the applicant proposes to provide service that the applicant
1-13 [it] has applied for any necessary municipal consent, franchise, or
1-14 permit required for the type of services and facilities for which
1-15 it has applied. Notwithstanding Section 1.103 of this Act, a
1-16 municipality may not discriminate against a telecommunications
1-17 utility in relation to:
1-18 (1) the authorization or placement of
1-19 telecommunications facilities within public right-of-way;
1-20 (2) access to buildings; or
1-21 (3) municipal utility pole attachment rates, terms,
1-22 and conditions, to the extent not addressed by federal law.
1-23 SECTION 2. Article 1446c-0, V.T.C.S., Section 3.2555(b),
2-1 Public Utility Regulatory Act of 1995, is amended to read as
2-2 follows:
2-3 (b) In the granting of consent, franchises, and permits for
2-4 the use of public streets, alleys, or rights-of-way within its
2-5 corporate municipal limits, a municipality may not discriminate in
2-6 favor of or against a telecommunications utility that holds or has
2-7 applied for a certificate of convenience and necessity, certificate
2-8 of operating authority, or service provider certificate of
2-9 operating authority all in relation to:
2-10 (1) [the authorizing, placement, replacement, or
2-11 removal of telecommunications facilities within public
2-12 rights-of-way and] the reasonable compensation [therefor] of
2-13 whatever kind, whether money, services, use of facilities, or any
2-14 other consideration for access to the public rights-of-way; or
2-15 (2) the authorizing, placement, replacement, or
2-16 removal of telecommunications facilities within public
2-17 rights-of-way; or
2-18 (3) municipal utility pole attachment or underground
2-19 conduit rates, terms, and conditions, to the extent not addressed
2-20 by federal law, provided that a municipal utility may not charge
2-21 pole attachment rates or underground conduit rates that exceed the
2-22 fee the utility would be permitted to charge if its rates were
2-23 regulated under federal law and the rules of the Federal
2-24 Communications Commission.
2-25 SECTION 3. Article 1446c-0, V.T.C.S., Section 3.2555(f),
3-1 Public Utility Regulatory Act of 1995, is amended to read as
3-2 follows:
3-3 (f) Nothing in this Act shall restrict or limit a
3-4 municipality's historical right to control and receive reasonable
3-5 compensation for access to its public streets, alleys, or
3-6 rights-of-way or other public property from all telecommunications
3-7 utilities.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.