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A BILL TO BE ENTITLED
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AN ACT
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relating to broadband service or facilities provided by an electric |
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cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 181, Utilities Code, is |
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amended by adding Section 181.048 to read as follows: |
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Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES. |
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(a) In this section: |
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(1) "Broadband service" means Internet service with |
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the capability of providing: |
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(A) a download speed of 25 megabits per second or |
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faster; and |
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(B) an upload speed of three megabits per second |
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or faster. |
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(2) "Electric cooperative" means an electric |
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cooperative organized under Chapter 161 or a predecessor statute to |
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Chapter 161. |
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(3) "Pole attachment" has the meaning assigned by |
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Section 252.001. |
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(b) An electric cooperative or an electric cooperative |
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affiliate may construct, operate, and maintain fiber optic cables |
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and other facilities for providing broadband service over, under, |
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across, on, or along real property, personal property, |
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rights-of-way, and easements owned, held, or used by the |
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cooperative. An easement or other property right owned, held, or |
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used by the electric cooperative to provide electricity or other |
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services may also be used to provide broadband service. |
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(c) An electric cooperative shall charge pole attachment |
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fees to an electric cooperative affiliate for broadband facilities |
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that are comparable to the pole attachment fees that the electric |
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cooperative charges to other broadband service providers for |
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broadband facilities. |
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(d) An electric cooperative or electric cooperative |
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affiliate that provides broadband service shall maintain separate |
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books and records of broadband service operations and the broadband |
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service operations of any subsidiary and shall ensure that the |
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rates charged for provision of electric service do not include any |
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broadband service costs or any other costs not related to the |
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provision of electric service. |
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(e) Subject to Subsection (f), not later than the 60th day |
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before the date the electric cooperative or electric cooperative |
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affiliate begins construction in an easement or other property |
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right granted before that date of fiber optic cables and other |
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facilities for providing broadband service, the electric |
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cooperative or affiliate must provide written notice to the owners |
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of property in which the easement or property right is located of |
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the intent to use the easement or other property right for broadband |
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service. The electric cooperative or electric cooperative |
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affiliate shall send the notice by first class mail to the last |
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known address of each person in whose name the property is listed on |
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the most recent tax roll of each county authorized to levy property |
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taxes against the property. The notice must state whether any new |
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fiber optic cables used for broadband service will be located above |
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or below ground in the easement or other property right. Not later |
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than the 60th day after the date notice is mailed by the electric |
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cooperative or electric cooperative affiliate, a property owner |
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entitled to notice under this subsection may submit to the |
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cooperative or affiliate a written protest of the intended use of |
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the easement or other property right for broadband service. If an |
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electric cooperative or electric cooperative affiliate receives a |
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timely written protest under this subsection, the electric |
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cooperative or electric cooperative affiliate may not use the |
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easement or other property right for broadband service unless the |
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protestor later agrees in writing to that use or that use is |
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authorized by other law. |
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(f) Subsection (e) does not apply to an electric |
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cooperative's or an electric cooperative affiliate's use of an |
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easement or other property right that includes an authorization for |
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the use of the easement or property right for the provision of |
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broadband service or similar communications service. |
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(g) This section may not be construed to: |
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(1) conflict with or limit the provisions of Chapter |
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43; or |
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(2) limit or prohibit an electric cooperative's use of |
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the cooperative's cables or other facilities to operate and |
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maintain the cooperative's electric transmission or distribution |
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system or to provide electric service. |
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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, 2019. |
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