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A BILL TO BE ENTITLED
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AN ACT
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relating to the access by a certificated provider to the |
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rights-of-way and poles of an electric cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Utilities Code, is amended by adding |
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Chapter 254 to read as follows: |
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CHAPTER 254. ACCESS BY CERTIFICATED PROVIDERS TO ELECTRIC |
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COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES |
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Sec. 254.001. DEFINITIONS. In this chapter: |
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(1) "Certificated provider" means a person who: |
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(A) is a certificated telecommunications |
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provider, as defined by Section 283.002, Local Government Code; or |
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(B) is a holder of a state-issued certificate of |
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franchise authority issued under Chapter 66. |
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(2) "Make-ready cost" means the costs associated with |
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the modification or replacement of a utility pole, or of the lines |
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or equipment on the utility pole, necessary to accommodate |
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additional facilities. |
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(3) "Pole" means a pole carrying distribution lines |
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with a voltage rating no higher than 34.5 kilovolts. |
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(4) "Pole attachment" means an affixture of cables, |
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strands, wires, and associated equipment attached to a pole |
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directly or indirectly or placed in a right-of-way owned or |
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controlled by an electric cooperative. |
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Sec. 254.002. NONDISCRIMINATORY ACCESS. (a) An electric |
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cooperative shall provide a certificated provider with |
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nondiscriminatory access regarding: |
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(1) the placement of a facility in the electric |
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cooperative's right-of-way, including a right-of-way secured from |
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a customer that is occupied by the cooperative; |
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(2) a pole attachment rate or term for a pole that the |
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electric cooperative owns or controls; or |
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(3) access to a building relating to Subdivision (1) |
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or (2). |
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(b) An electric cooperative may not charge a certificated |
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provider: |
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(1) a pole attachment rate that: |
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(A) exceeds the rate agreed to in a contract |
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between the cooperative and the provider; or |
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(B) exceeds the rate that the electric |
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cooperative may charge under Section 254.003; or |
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(2) any additional costs for evaluating the viability |
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or load of a pole or any make-ready or other costs that exceed the |
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costs that the electric cooperative may charge under Section |
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254.003. |
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Sec. 254.003. RATE AND FEE SETTING BY PUBLIC UTILITY |
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COMMISSION OF TEXAS. The Public Utility Commission of Texas shall |
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implement a schedule of pole attachment rates, costs, and fees, |
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that an electric cooperative may charge a certificated provider for |
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attachments to a pole that the electric cooperative owns or |
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controls. A pole attachment rate, cost, or fee subject to this |
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section may not exceed a pole attachment rate, cost, or fee the |
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electric cooperative would be permitted to charge under rules |
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adopted by the Federal Communications Commission under 47 U.S.C. |
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Section 224 if the electric cooperative's rates were regulated |
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under federal law and the rules of the Federal Communications |
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Commission. |
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Sec. 254.004. AUTHORITY OF PUBLIC UTILITY COMMISSION. (a) |
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Notwithstanding Section 41.004, the Public Utility Commission of |
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Texas: |
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(1) may open a contested case proceeding under Chapter |
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2001, Government Code, to determine whether a pole attachment rate, |
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cost, or fee complies with this chapter; and |
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(2) shall enforce this chapter and adopt rules |
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reasonably required for that purpose. |
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(b) For the purposes of enforcing this chapter, a reference |
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in Chapter 15 to a person includes an electric cooperative. |
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Sec. 254.005. CONFLICT WITH OTHER LAW. In the case of a |
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conflict between this chapter and other law, this chapter prevails. |
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SECTION 2. This Act takes effect September 1, 2025. |