86R28451 GRM-F
 
  By: Nichols, et al. S.B. No. 14
 
  (Kuempel, Ashby, Bell of Kaufman, King of Parker,
 
  Price, et al.) 
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to broadband service or facilities provided by an electric
  cooperative.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Subchapter C, Chapter 181, Utilities Code, is
  amended by adding Section 181.048 to read as follows:
         Sec. 181.048.  ELECTRIC COOPERATIVE BROADBAND FACILITIES.
  (a)  In this section:
               (1)  "Broadband service" means Internet service with
  the capability of providing:
                     (A)  a download speed of 25 megabits per second or
  faster; and
                     (B)  an upload speed of three megabits per second
  or faster.
               (2)  "Electric cooperative" means an electric
  cooperative organized under Chapter 161 or a predecessor statute to
  Chapter 161.
         (b)  An electric cooperative or electric cooperative
  affiliate may construct, operate, and maintain fiber optic cables
  and other facilities for providing broadband service over, under,
  across, on, or along real property, personal property,
  rights-of-way, easements, and licenses and other property rights
  owned, held, or used by the cooperative.  An easement or other
  property right owned, held, or used by the electric cooperative to
  provide electricity or other services may also be used to provide
  broadband service.
         (c)  The monetary rates applicable to an electric
  cooperative or electric cooperative affiliate for attaching
  broadband facilities on the electric cooperative's poles may not be
  less than the monetary rates the electric cooperative charges to
  other broadband service providers for attaching broadband
  facilities to the electric cooperative's poles.  The terms and
  conditions applicable to an electric cooperative or electric
  cooperative affiliate for attaching broadband facilities on the
  electric cooperative's poles must be comparable to the terms and
  conditions the electric cooperative applies to other broadband
  service providers for attaching broadband facilities to the
  electric cooperative's poles.  This subsection does not limit or
  restrict an electric cooperative or electric cooperative affiliate
  from installing fiber optic cables in the supply space of the
  electric cooperative's poles.
         (d)  An electric cooperative or electric cooperative
  affiliate that provides broadband service shall maintain separate
  books and records of broadband service operations and the broadband
  service operations of any subsidiary and shall ensure that the
  rates charged for provision of electric service do not include any
  broadband service costs or any other costs not related to the
  provision of electric service.
         (e)  Subject to Subsection (f), not later than the 60th day
  before the date the electric cooperative or electric cooperative
  affiliate begins construction in an easement or other property
  right that existed before that date of fiber optic cables and other
  facilities for providing broadband service, the electric
  cooperative or electric cooperative affiliate must provide written
  notice to the owners of property in which the easement or property
  right is located of the intent to use the easement or other property
  right for broadband service.  The electric cooperative or electric
  cooperative affiliate shall send the notice by first class mail to
  the last known address of each person in whose name the property is
  listed on the most recent tax roll of each county authorized to levy
  property taxes against the property.  The notice must state whether
  any new fiber optic cables used for broadband service will be
  located above or below ground in the easement or other property
  right.  Not later than the 60th day after the date notice is mailed
  by the electric cooperative or electric cooperative affiliate, a
  property owner entitled to notice under this subsection may submit
  to the electric cooperative or electric cooperative affiliate a
  written protest of the intended use of the easement or other
  property right for broadband service.  If an electric cooperative
  or electric cooperative affiliate receives a timely written protest
  under this subsection, the electric cooperative or electric
  cooperative affiliate may not use the easement or other property
  right for broadband service unless the protestor later agrees in
  writing to that use or that use is authorized by law.
         (f)  Subsection (e) does not apply to an electric
  cooperative's or electric cooperative affiliate's use of an
  easement or other property right that includes an authorization for
  the use of the easement or property right for the provision of
  broadband service or similar communications service.
         (g)  This section may not be construed to:
               (1)  conflict with or limit the provisions of Chapter
  43; or
               (2)  limit or prohibit an electric cooperative's use of
  the electric cooperative's fiber optic cables or other facilities
  to operate and maintain the electric cooperative's electric
  transmission or distribution system or to provide electric service.
         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, 2019.