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