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. The term does not include a flood control regulation.
1-24 (4) "Regulating authority" means a county,
1-25 municipality, or other political subdivision of this state that has
2-1 adopted an impervious lot coverage regulation or a sedimentation,
2-2 retention, or erosion regulation by ordinance, order, resolution,
2-3 rule, or other enactment.
2-4 (5) "Sedimentation, retention, or erosion regulation"
2-5 means an ordinance, regulation, rule, or other enactment by a
2-6 county, municipality, or other authority that limits or regulates
2-7 the development of real property based on the development's effect
2-8 on water quality resulting from sedimentation, retention, or
2-9 erosion. The term does not include a:
2-10 (A) flood control regulation; or
2-11 (B) requirement for silt fences, vegetative
2-12 cover, or other similar requirement.
2-13 (6) "Telecommunications utility" has the meaning
2-14 assigned by Section 51.002, Utilities Code.
2-15 Sec. 246.002. APPLICABILITY. This chapter applies only to a
2-16 critical facility that:
2-17 (1) existed on April 1, 2001; and
2-18 (2) is being expanded to provide space and facilities
2-19 for competing telecommunications utilities because of requirements
2-20 in:
2-21 (A) the Communications Act of 1934 (47 U.S.C.
2-22 Section 151 et seq.), as amended; or
2-23 (B) Subchapters G and H, Chapter 60, Utilities
2-24 Code.
2-25 Sec. 246.003. REQUEST PROCESS. (a) A regulating authority
2-26 that receives a written request by a telecommunications utility to
3-1 expand a critical facility on real property owned, leased, or
3-2 occupied by the telecommunications utility in an area governed by
3-3 impervious lot coverage regulation or sedimentation, retention, or
3-4 erosion regulation shall approve or deny the request not later than
3-5 the 60th day after the date the request is received.
3-6 (b) The regulating authority shall approve the request
3-7 unless the regulating authority finds, after a hearing, that:
3-8 (1) additional, suitable vacant land contiguous with
3-9 the proposed building site that is sufficient to satisfy the
3-10 impervious lot coverage regulation or sedimentation, retention, or
3-11 erosion regulation is not available, except:
3-12 (A) through the use of condemnation; or
3-13 (B) at a price that exceeds the average fair
3-14 market value of vacant land within a one-mile radius of the
3-15 property that is the subject of the request under Subsection (a);
3-16 or
3-17 (2) the telecommunications utility did not provide an
3-18 affidavit containing the statement described in Subdivision (1).
3-19 (c) The regulating authority shall provide written notice of
3-20 a denial. The notice must specify the findings on which the
3-21 authority relied in denying the request.
3-22 (d) If a regulating authority does not make a decision
3-23 before the deadline prescribed by Subsection (a):
3-24 (1) the request is approved; and
3-25 (2) the regulating authority may not apply the
3-26 authority's impervious lot coverage regulations or sedimentation,
4-1 retention, or erosion regulations to the expansion that is the
4-2 subject of the request under Subsection (a).
4-3 Sec. 246.004. COMMISSION JURISDICTION. The commission has
4-4 jurisdiction to enforce this chapter and to ensure that legal
4-5 requirements are enforced in a competitively neutral,
4-6 nondiscriminatory, and reasonable manner.
4-7 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1185 passed the Senate on
April 20, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 8, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1185 passed the House, with
amendments, on May 1, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor