77R12537 MTB-D By Dukes H.B. No. 2977 Substitute the following for H.B. No. 2977: By Turner of Coleman C.S.H.B. No. 2977 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the construction of certain telecommunications 1-3 facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 7, Local Government Code, is 1-6 amended by adding Chapter 246 to read as follows: 1-7 CHAPTER 246. CONSTRUCTION OF CERTAIN TELECOMMUNICATIONS FACILITIES 1-8 Sec. 246.001. DEFINITIONS. In this chapter: 1-9 (1) "Commission" means the Public Utility Commission 1-10 of Texas. 1-11 (2) "Critical facility" means a central office that 1-12 contains: 1-13 (A) a switching unit for a telecommunications 1-14 system that provides service to the general public; and 1-15 (B) equipment and operating arrangements 1-16 necessary for terminating and interconnecting: 1-17 (i) customer lines and trunks; or 1-18 (ii) trunks. 1-19 (3) "Impervious lot coverage regulation" means an 1-20 ordinance, regulation, rule, or other enactment by a county, 1-21 municipality, or other authority that limits the development of 1-22 real property based on the amount of impervious lot coverage to be 1-23 constructed. 1-24 (4) "Regulating authority" means a county, 2-1 municipality, or other political subdivision of this state that has 2-2 adopted an impervious lot coverage regulation or a sedimentation, 2-3 retention, or erosion regulation by ordinance, order, resolution, 2-4 rule, or other enactment. 2-5 (5) "Sedimentation, retention, or erosion regulation" 2-6 means an ordinance, regulation, rule, or other enactment by a 2-7 county, municipality, or other authority that limits or regulates 2-8 the development of real property based on the development's effect 2-9 on water quality resulting from sedimentation, retention, or 2-10 erosion. The term does not include a: 2-11 (A) flood control regulation; or 2-12 (B) requirement for silt fences, vegetative 2-13 cover, or other similar requirement. 2-14 (6) "Telecommunications utility" has the meaning 2-15 assigned by Section 51.002, Utilities Code. 2-16 Sec. 246.002. APPLICABILITY. This chapter applies only to a 2-17 critical facility that existed on April 1, 2001. 2-18 Sec. 246.003. REQUEST PROCESS. (a) A regulating authority 2-19 that receives a written request by a telecommunications utility to 2-20 expand a critical facility on real property owned, leased, or 2-21 occupied by the telecommunications utility in an area governed by 2-22 impervious lot coverage regulation or sedimentation, retention, or 2-23 erosion regulation shall approve or deny the request not later than 2-24 the 60th day after the date the request is received. 2-25 (b) The regulating authority shall approve the request 2-26 unless the regulating authority finds, after a hearing, that: 2-27 (1) additional, suitable vacant land contiguous with 3-1 the proposed building site that is sufficient to satisfy the 3-2 impervious lot coverage regulation or sedimentation, retention, or 3-3 erosion regulation is not available, except: 3-4 (A) through the use of condemnation; or 3-5 (B) at a price that exceeds the average fair 3-6 market value of vacant land within a one-mile radius of the 3-7 property that is the subject of the request under Subsection (a); 3-8 or 3-9 (2) the telecommunications utility did not provide an 3-10 affidavit containing the statement described in Subdivision (1). 3-11 (c) The regulatory authority shall provide written notice of 3-12 a denial. The notice must specify the findings on which the 3-13 authority relied in denying the request. 3-14 (d) If a regulating authority does not make a decision 3-15 before the deadline prescribed by Subsection (a): 3-16 (1) the request is approved; and 3-17 (2) the regulating authority may not apply the 3-18 authority's impervious lot coverage regulations or sedimentation, 3-19 retention, or erosion regulations to the property that is the 3-20 subject of the request under Subsection (a). 3-21 Sec. 246.004. COMMISSION JURISDICTION. The commission has 3-22 jurisdiction to enforce this chapter and to ensure that legal 3-23 requirements are enforced in a competitively neutral, 3-24 nondiscriminatory, and reasonable manner. 3-25 SECTION 2. This Act takes effect September 1, 2001.