84R9876 AJA-D
By: Burton S.B. No. 1538
A BILL TO BE ENTITLED
AN ACT
relating to exclusivity agreements between telecommunications
services providers and property owners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Business & Commerce Code, is amended by
adding Chapter 59 to read as follows:
CHAPTER 59. TELECOMMUNICATIONS SERVICES AGREEMENTS
Sec. 59.001. DEFINITIONS. In this chapter:
(1) "Property owner" includes a property owners'
association.
(2) "Telecommunications service" means access to the
use of telecommunications services technology.
(3) "Telecommunications services technology" means a
device and any auxiliary equipment by which a person may receive or
transmit writing, signs, sounds, images, or information in the form
of signals or impulses by optical, electrical, electromagnetic, or
other means.
Sec. 59.002. CERTAIN EXCLUSIVITY AGREEMENTS PROHIBITED.
(a) This section applies to a contract between a telecommunications
services provider and a property owner for the provision of:
(1) a telecommunications service to residents or
occupants of the property; or
(2) telecommunications services technology for the
property.
(b) A contract to which this section applies may not contain
an exclusivity agreement that would prohibit the property owner
from, or penalize the property owner for, contracting with another
telecommunications services provider for the provision of:
(1) a different type of telecommunications service to
residents or occupants of the property; or
(2) a different type of telecommunications services
technology for the property.
(c) A contract provision that violates this section is void.
SECTION 2. The change in law made by this Act applies only
to a contract entered into or renewed on or after the effective date
of this Act. A contract entered into or renewed before the effective
date of this Act is governed by the law applicable to the contract
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2015.