| 1 | 1 | | 81R28527 JJT-D |
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| 2 | 2 | | By: Martinez H.B. No. 842 |
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| 3 | 3 | | Substitute the following for H.B. No. 842: |
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| 4 | 4 | | By: Marquez C.S.H.B. No. 842 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of certain school districts to lay in |
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| 10 | 10 | | county rights-of-way fiber optic cable or other means of |
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| 11 | 11 | | transmitting information. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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| 14 | 14 | | amended by adding Section 11.172 to read as follows: |
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| 15 | 15 | | Sec. 11.172. USE OF COUNTY RIGHT-OF-WAY FOR MEANS OF |
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| 16 | 16 | | TRANSMITTING INFORMATION. (a) This section applies only to a |
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| 17 | 17 | | school district any part of which is located 60 miles or less from |
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| 18 | 18 | | an international border. |
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| 19 | 19 | | (b) A school district may place in any county right-of-way |
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| 20 | 20 | | fiber optic cable or another means of transmitting information |
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| 21 | 21 | | necessary or convenient for a facility of the district to receive |
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| 22 | 22 | | telecommunications services or to communicate with other |
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| 23 | 23 | | facilities of the district. |
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| 24 | 24 | | (c) A school district, in placing fiber optic cable or |
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| 25 | 25 | | another means of transmitting information under this section, to |
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| 26 | 26 | | ensure that the district's cable or other means do not interfere |
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| 27 | 27 | | with the property or facilities of the county or of a utility using |
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| 28 | 28 | | the right-of-way, shall: |
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| 29 | 29 | | (1) coordinate with the county in whose right-of-way |
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| 30 | 30 | | the district intends to place the cable or other means; |
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| 31 | 31 | | (2) notify each utility using the right-of-way; |
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| 32 | 32 | | (3) comply with all safety codes and laws that apply to |
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| 33 | 33 | | work performed along or near gas or electric utility facilities |
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| 34 | 34 | | during all activities related to the placement, installation, and |
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| 35 | 35 | | construction; |
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| 36 | 36 | | (4) ensure that workers placing or installing fiber |
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| 37 | 37 | | optic cable or other means of transmitting information observe |
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| 38 | 38 | | proper standards for maintaining safe clearance from gas and |
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| 39 | 39 | | electric utility facilities, including standards provided by: |
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| 40 | 40 | | (A) the federal Occupational Safety and Health |
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| 41 | 41 | | Administration; |
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| 42 | 42 | | (B) Chapter 752, Health and Safety Code; |
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| 43 | 43 | | (C) the National Electrical Code (NFPA 70) or |
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| 44 | 44 | | similar publications; and |
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| 45 | 45 | | (D) the National Electric Safety Code or similar |
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| 46 | 46 | | publications; and |
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| 47 | 47 | | (5) comply with Chapter 251, Utilities Code, and other |
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| 48 | 48 | | similar notification laws when working along or near gas and |
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| 49 | 49 | | electric utility facilities, including by marking the school |
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| 50 | 50 | | district's underground facilities in accordance with those laws. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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