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A BILL TO BE ENTITLED
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AN ACT
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relating to exclusivity agreements between telecommunications |
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services providers and property owners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Business & Commerce Code, is amended by |
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adding Chapter 59 to read as follows: |
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CHAPTER 59. TELECOMMUNICATIONS SERVICES AGREEMENTS |
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Sec. 59.001. DEFINITIONS. In this chapter: |
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(1) "Property owner" includes a property owners' |
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association. |
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(2) "Telecommunications service" means access to the |
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use of telecommunications services technology. |
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(3) "Telecommunications services technology" means a |
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device and any auxiliary equipment by which a person may receive or |
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transmit writing, signs, sounds, images, or information in the form |
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of signals or impulses by optical, electrical, electromagnetic, or |
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other means. |
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Sec. 59.002. CERTAIN EXCLUSIVITY AGREEMENTS PROHIBITED. |
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(a) This section applies to a contract between a telecommunications |
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services provider and a property owner for the provision of: |
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(1) a telecommunications service to residents or |
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occupants of the property; or |
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(2) telecommunications services technology for the |
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property. |
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(b) A contract to which this section applies may not contain |
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an exclusivity agreement that would prohibit the property owner |
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from, or penalize the property owner for, contracting with another |
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telecommunications services provider for the provision of: |
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(1) a different type of telecommunications service to |
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residents or occupants of the property; or |
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(2) a different type of telecommunications services |
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technology for the property. |
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(c) A contract provision that violates this section is void. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract entered into or renewed on or after the effective date |
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of this Act. A contract entered into or renewed before the effective |
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date of this Act is governed by the law applicable to the contract |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |