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.