| 1 | 1 | | 84R9876 AJA-D |
|---|
| 2 | 2 | | By: Burton S.B. No. 1538 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to exclusivity agreements between telecommunications |
|---|
| 8 | 8 | | services providers and property owners. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Title 4, Business & Commerce Code, is amended by |
|---|
| 11 | 11 | | adding Chapter 59 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 59. TELECOMMUNICATIONS SERVICES AGREEMENTS |
|---|
| 13 | 13 | | Sec. 59.001. DEFINITIONS. In this chapter: |
|---|
| 14 | 14 | | (1) "Property owner" includes a property owners' |
|---|
| 15 | 15 | | association. |
|---|
| 16 | 16 | | (2) "Telecommunications service" means access to the |
|---|
| 17 | 17 | | use of telecommunications services technology. |
|---|
| 18 | 18 | | (3) "Telecommunications services technology" means a |
|---|
| 19 | 19 | | device and any auxiliary equipment by which a person may receive or |
|---|
| 20 | 20 | | transmit writing, signs, sounds, images, or information in the form |
|---|
| 21 | 21 | | of signals or impulses by optical, electrical, electromagnetic, or |
|---|
| 22 | 22 | | other means. |
|---|
| 23 | 23 | | Sec. 59.002. CERTAIN EXCLUSIVITY AGREEMENTS PROHIBITED. |
|---|
| 24 | 24 | | (a) This section applies to a contract between a telecommunications |
|---|
| 25 | 25 | | services provider and a property owner for the provision of: |
|---|
| 26 | 26 | | (1) a telecommunications service to residents or |
|---|
| 27 | 27 | | occupants of the property; or |
|---|
| 28 | 28 | | (2) telecommunications services technology for the |
|---|
| 29 | 29 | | property. |
|---|
| 30 | 30 | | (b) A contract to which this section applies may not contain |
|---|
| 31 | 31 | | an exclusivity agreement that would prohibit the property owner |
|---|
| 32 | 32 | | from, or penalize the property owner for, contracting with another |
|---|
| 33 | 33 | | telecommunications services provider for the provision of: |
|---|
| 34 | 34 | | (1) a different type of telecommunications service to |
|---|
| 35 | 35 | | residents or occupants of the property; or |
|---|
| 36 | 36 | | (2) a different type of telecommunications services |
|---|
| 37 | 37 | | technology for the property. |
|---|
| 38 | 38 | | (c) A contract provision that violates this section is void. |
|---|
| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 40 | 40 | | to a contract entered into or renewed on or after the effective date |
|---|
| 41 | 41 | | of this Act. A contract entered into or renewed before the effective |
|---|
| 42 | 42 | | date of this Act is governed by the law applicable to the contract |
|---|
| 43 | 43 | | immediately before that date, and that law is continued in effect |
|---|
| 44 | 44 | | for that purpose. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|