BILL ANALYSIS

Senate Research Center	S.B. 2344
89R16324 CXP-F	By: Zaffirini
	Business & Commerce
	4/30/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Telephone companies may install infrastructure in county road rights-of-way without county approval. This lack of county coordination can lead to increased road maintenance, interfere with planned projects, and create safety concerns.

Accordingly, S.B. 2344 would require commissioners court approval before telephone companies may install infrastructure in county road rights-of-way. The requirements for approval would be set by the county commissioners court but may not be substantially different than application procedures used for other utilities. The county commissioners court must render a decision not later than the 10th business day after receiving an application, must allow for resubmission to comply with requested modifications, and provide that a resubmission is approved if the county commissioners court does not issue a denial before the sixth business day after the resubmission.

What's more, the county commissioners court may require a telephone company that has installed infrastructure in county road rights-of-way to relocate the equipment or facility at the company's expense, including the cost to repair the road resulting from the relocation. The commissioners court must provide at least a 45-day notice for these relocations.

S.B. 2344 would improve communication between counties and telephone utility providers, prevent unnecessary disruptions, and provide a structured framework for managing county road rights-of-way.

As proposed, S.B. 2344 amends current law relating to the placement of telephone corporation facilities in the right-of-way of certain county roads.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter E, Chapter 181, Utilities Code, by adding Section 181.0821, as follows:

Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) Provides that this section applies only to a county with a population of less than 75,000 that is located in a standard metropolitan statistical area with a population of more than 1.5 million.

(b) Authorizes a telephone corporation to install a facility of the corporation in the right-of-way of a county road under Section 181.082 (Authority to Install Facility in Relation to Public Property) only after the corporation submits to the county and the commissioners court of the county approves an application to use the right-of-way for the facility, according to the procedures provided by an order adopted by the commissioners court of the county.

(1) are prohibited from including procedures or forms that are substantially different from the application procedures and forms used for locating other utility facilities in the right-of-way of a county road;

(2) are required to provide that the county, not later than the 10th business day after the date an application for use of the right-of-way is submitted, will provide notice to the telephone corporation that the application:

(A) is approved as filed; or

(B) is required to be modified to comply with location or construction schedule requirements to reduce conflicts with county road construction projects;

(3) are required to allow for resubmission of an application for which a modification is requested under Subdivision (2)(B) not later than the 15th day after the date the corporation receives notice under that paragraph; and

(4) are required to provide that an application resubmitted under Subdivision (3) is considered to be approved if the county does not deny the application before the sixth business day after the date the resubmitted application is submitted.

(d) Authorizes the commissioners court of the county to require a telephone corporation that has installed a facility in the right-of-way of a county road under Section 181.082 to relocate the facility at the corporation's expense to allow for the widening or other modification of a traffic lane.

(e) Requires the commissioners court of a county, to impose a requirement under Subsection (d), to give the telephone corporation written notice of the requirement not later than the 45th day before the date the relocation is to be made. Requires that the notice identify the facility to be relocated and indicate the location in the right-of-way where the corporation is authorized to reinstall the facility.

(f) Requires the telephone corporation to pay the cost of repairing a county road damaged by the relocation.

SECTION 2. Effective date: September 1, 2025.

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