84R4453 DDT-F
By: Birdwell S.B. No. 861
A BILL TO BE ENTITLED
AN ACT
relating to the installation of certain telephone or telegraph
corporation facilities on or across public roads, streets, or
water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 181.082, Utilities Code, is amended to
read as follows:
Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO
PUBLIC PROPERTY. Subject to Section 181.0821, a [A] telephone or
telegraph corporation may install a facility of the corporation
along, on, or across a public road, a public street, or public water
in a manner that does not inconvenience the public in the use of the
road, street, or water.
SECTION 2. Subchapter E, Chapter 181, Utilities Code, is
amended by adding Sections 181.0821 and 181.0822 to read as
follows:
Sec. 181.0821. NOTICE TO STATE OR COUNTY. (a) A person
proposing to install a facility under Section 181.082 in the
right-of-way of a state highway or a county road shall give notice
of the proposed installation to:
(1) the Texas Department of Transportation if the
proposed installation relates to a state highway; or
(2) the commissioners court of the county if the
proposed installation relates to a county road.
(b) On receipt of the notice, the Texas Department of
Transportation or commissioners court may designate the location in
the right-of-way where the person may install the facility.
Sec. 181.0822. RELOCATION OF FACILITY TO ALLOW ROAD OR
DITCH IMPROVEMENT. (a) The Texas Department of Transportation or
the commissioners court of a county may require a telephone or
telegraph corporation to relocate a facility of the corporation, at
the corporation's expense, to allow the:
(1) widening of a right-of-way;
(2) changing of a traffic lane;
(3) improving of a road bed; or
(4) improving of a drainage ditch located on a
right-of-way.
(b) To require relocation under Subsection (a), the Texas
Department of Transportation or the commissioners court, as
appropriate, must notify the telephone or telegraph corporation not
later than the 30th day before the date relocation is required. The
notice must identify the facility to be relocated and indicate the
location on the new right-of-way where the telephone or telegraph
corporation may place the facility.
(c) This section does not apply to a facility located in a
municipality.
SECTION 3. This Act takes effect September 1, 2015.