Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Armbrister                              S.B. No. 1462

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the installation, maintenance, and operation of certain

 1-2     telecommunications facilities on or within state highway

 1-3     improvements.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 202.052(c), Transportation Code, is

 1-6     amended to read as follows:

 1-7           (c)  The department shall charge not less than fair market

 1-8     value for the highway asset, payable in cash, services, tangible or

 1-9     intangible property, or any combination.

1-10           SECTION 2.  Chapter 202, Transportation Code, is amended by

1-11     adding Subchapter E to read as follows:

1-12                SUBCHAPTER E.  TELECOMMUNICATIONS FACILITIES

1-13           Sec. 202.091.  DEFINITIONS.  In this subchapter,

1-14     "telecommunications" means any transmission, emission, or reception

1-15     of signs, signals, writings, images, or sounds of intelligence of

1-16     any nature by wire, radio, optical, or other electromagnetic

1-17     systems.

1-18           Sec. 202.092.  USE OF DEPARTMENT FACILITIES.  Notwithstanding

1-19     any other law, a telecommunications provider may not place or

1-20     maintain its facilities or otherwise utilize improvements,

1-21     including structures, medians, conduits or telecommunications

1-22     equipment or lines constructed or installed by the state as

1-23     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

 3-1     of contents to competing offerors during the process of

 3-2     negotiation.  After a contract is awarded, all proposals that have

 3-3     been submitted shall be open for public inspection subject to the

 3-4     provisions of Subchapter C, Chapter 552, Government Code.

 3-5           (d)  The department may discuss an acceptable or potentially

 3-6     acceptable proposal with an offeror to assess the offeror's ability

 3-7     to meet the solicitation requirements. After the submission of a

 3-8     proposal but before making an award, the department may permit the

 3-9     offeror to revise the proposal in order to obtain the best final

3-10     offer.  The department may not disclose any information derived

3-11     from proposals submitted from competing offerors in conducting

3-12     discussions under this section. The department shall provide each

3-13     offeror with an equal opportunity for discussion and revision of

3-14     proposals.

3-15           (e)  The department shall make a written award of a contract

3-16     to the offeror whose proposal is the most advantageous to the

3-17     state, considering price and the evaluation factors in the request

3-18     for proposals, except that if the department finds that none of the

3-19     offers is acceptable, it shall refuse all offers.  The contract

3-20     file must state in writing the basis on which the award is made.

3-21           Sec. 202.095.  APPLICABILITY.  (a)  Subtitle D, Title 10,

3-22     Government Code, does not apply to a procurement under this

3-23     subchapter.

3-24           (b)  This subchapter shall not limit a telecommunications

3-25     provider from placing lines or facilities in the unimproved portion

 4-1     of state highway right of way to the extent authorized by

 4-2     applicable law.

 4-3           Sec. 202.096.  REVENUE.  The department shall deposit in the

 4-4     state highway fund any revenue received under this subchapter.

 4-5           Sec. 202.097.  RULEMAKING.  The commission shall adopt rules

 4-6     for the implementation of this subchapter.

 4-7           SECTION 3.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended,

4-12     and that this Act take effect and be in force from and after its

4-13     passage, and it is so enacted.