81R28527 JJT-D

By: Martinez H.B. No. 842

Substitute the following for H.B. No. 842:

By: Marquez C.S.H.B. No. 842

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain school districts to lay in county rights-of-way fiber optic cable or other means of transmitting information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 11, Education Code, is amended by adding Section 11.172 to read as follows:

Sec. 11.172. USE OF COUNTY RIGHT-OF-WAY FOR MEANS OF TRANSMITTING INFORMATION. (a) This section applies only to a school district any part of which is located 60 miles or less from an international border.

(b) A school district may place in any county right-of-way fiber optic cable or another means of transmitting information necessary or convenient for a facility of the district to receive telecommunications services or to communicate with other facilities of the district.

(c) A school district, in placing fiber optic cable or another means of transmitting information under this section, to ensure that the district's cable or other means do not interfere with the property or facilities of the county or of a utility using the right-of-way, shall:

(1) coordinate with the county in whose right-of-way the district intends to place the cable or other means;

(2) notify each utility using the right-of-way;

(3) comply with all safety codes and laws that apply to work performed along or near gas or electric utility facilities during all activities related to the placement, installation, and construction;

(4) ensure that workers placing or installing fiber optic cable or other means of transmitting information observe proper standards for maintaining safe clearance from gas and electric utility facilities, including standards provided by:

(A) the federal Occupational Safety and Health Administration;

(B) Chapter 752, Health and Safety Code;

(C) the National Electrical Code (NFPA 70) or similar publications; and

(D) the National Electric Safety Code or similar publications; and

(5) comply with Chapter 251, Utilities Code, and other similar notification laws when working along or near gas and electric utility facilities, including by marking the school district's underground facilities in accordance with those laws.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.