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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of telephone corporation facilities in |
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the right-of-way of certain county roads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 181, Utilities Code, is |
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amended by adding Section 181.0821 to read as follows: |
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Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) This |
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section applies only to a county with a population of less than |
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75,000 that is located in a standard metropolitan statistical area |
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with a population of more than 1.5 million. |
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(b) A telephone corporation may install a facility of the |
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corporation in the right-of-way of a county road under Section |
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181.082 only after the corporation submits to the county and the |
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commissioners court of the county approves an application to use |
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the right-of-way for the facility, according to procedures provided |
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by an order adopted by the commissioners court of the county. |
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(c) The procedures adopted by the commissioners court of the |
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county: |
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(1) may not include procedures or forms that are |
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substantially different from the application procedures and forms |
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used for locating other utility facilities in the right-of-way of a |
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county road; |
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(2) must provide that the county, not later than the |
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10th business day after the date an application for use of the |
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right-of-way is submitted, will provide notice to the telephone |
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corporation that the application: |
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(A) is approved as filed; or |
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(B) must be modified to comply with location or |
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construction schedule requirements to reduce conflicts with county |
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road construction projects; |
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(3) must allow for resubmission of an application for |
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which a modification is requested under Subdivision (2)(B) not |
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later than the 15th day after the date the corporation receives |
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notice under that paragraph; and |
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(4) must provide that an application resubmitted under |
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Subdivision (3) is considered to be approved if the county does not |
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deny the application before the sixth business day after the date |
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the resubmitted application is submitted. |
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(d) The commissioners court of the county may require a |
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telephone corporation that has installed a facility in the |
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right-of-way of a county road under Section 181.082 to relocate the |
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facility at the corporation's expense to allow for the widening or |
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other modification of a traffic lane. |
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(e) To impose a requirement under Subsection (d), the |
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commissioners court of the county must give the telephone |
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corporation written notice of the requirement not later than the |
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45th day before the date the relocation is to be made. The notice |
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must identify the facility to be relocated and indicate the |
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location in the right-of-way where the corporation may reinstall |
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the facility. |
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(f) The telephone corporation shall pay the cost of |
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repairing a county road damaged by the relocation. |
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SECTION 2. This Act takes effect September 1, 2025. |