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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 in |
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county rights-of-way fiber optic cable or other means of |
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transmitting information. |
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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 MEANS OF |
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TRANSMITTING INFORMATION. (a) This section applies only to a |
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school district any part of which is located 60 miles or less from |
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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 or another means of transmitting information |
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necessary or convenient for a facility of the district to receive |
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telecommunications services or to communicate with other |
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facilities of the district. |
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(c) A school district, in placing fiber optic cable or |
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another means of transmitting information under this section, to |
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ensure that the district's cable or other means do not interfere |
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with the property or facilities of the county or of a utility using |
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the right-of-way, shall: |
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(1) coordinate with the county in whose right-of-way |
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the district intends to place the cable or other means; |
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(2) notify each utility using the right-of-way; |
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(3) comply with all safety codes and laws that apply to |
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work performed along or near gas or electric utility facilities |
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during all activities related to the placement, installation, and |
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construction; |
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(4) ensure that workers placing or installing fiber |
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optic cable or other means of transmitting information observe |
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proper standards for maintaining safe clearance from gas and |
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electric utility facilities, including standards provided by: |
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(A) the federal Occupational Safety and Health |
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Administration; |
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(B) Chapter 752, Health and Safety Code; |
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(C) the National Electrical Code (NFPA 70) or |
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similar publications; and |
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(D) the National Electrical Safety Code or |
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similar publications; and |
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(5) comply with Chapter 251, Utilities Code, and other |
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similar notification laws when working along or near gas and |
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electric utility facilities, including by marking the school |
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district's underground facilities in accordance with those laws. |
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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, 2011. |