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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain school districts to lay fiber |
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optic cable in county rights-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.172 to read as follows: |
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Sec. 11.172. USE OF COUNTY RIGHT-OF-WAY FOR FIBER OPTIC |
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CABLE. (a) This section applies only to a school district any part |
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of which is located 60 miles or less from an international border. |
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(b) A school district may place in any county right-of-way |
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fiber optic cable necessary or convenient for a facility of the |
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district to receive telecommunications services or to communicate |
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with other facilities of the district. |
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(c) A school district, in placing fiber optic cable under |
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this section, shall coordinate with the county in whose |
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right-of-way the district intends to place the cable to ensure that |
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the district's cable does not interfere with the property or |
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facilities of the county or of a utility using the right-of-way. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |