Texas 2017 - 85th Regular

Texas Senate Bill SB1004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R27404 CBH-F
2		-	By: Hancock, et al. S.B. No. 1004
3		-	(Geren)
4		-	Substitute the following for S.B. No. 1004: No.
	1	+	S.B. No. 1004
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the deployment of network nodes in public right-of-way;
10	6		authorizing fees.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Subtitle A, Title 9, Local Government Code, is
13	9		amended by adding Chapter 284 to read as follows:
14	10		CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY
15	11		SUBCHAPTER A. GENERAL PROVISIONS
16	12		Sec. 284.001. FINDINGS AND POLICY. (a) The legislature
17	13		finds that:
18	14		(1) network nodes are instrumental to increasing
19	15		access to advanced technology and information for the citizens of
20	16		this state and thereby further an important public policy of having
21	17		reliable wireless networks and services;
22	18		(2) this state has delegated to each municipality the
23	19		fiduciary duty, as a trustee, to manage the public right-of-way for
24	20		the health, safety, and welfare of the public, subject to state law;
25	21		(3) network nodes often may be deployed most
26	22		effectively in the public right-of-way;
27	23		(4) network providers' access to the public
28	24		right-of-way and the ability to attach network nodes to poles and
29	25		structures in the public right-of-way allow network providers to
30	26		densify their networks and provide next-generation services;
31	27		(5) expeditious processes and reasonable and
32	28		nondiscriminatory terms, conditions, and compensation for use of
33	29		the public right-of-way for network node deployments are essential
34	30		to state-of-the-art wireless services and thereby further an
35	31		important public policy of having reliable wireless networks and
36	32		services;
37	33		(6) network nodes help ensure that this state remains
38	34		competitive in the global economy;
39	35		(7) the timely permitting of network nodes in the
40	36		public right-of-way is a matter of statewide concern and interest;
41	37		(8) requirements of this chapter regarding fees,
42	38		charges, rates, and public right-of-way management, when
43	39		considered with fees charged to other public right-of-way users
44	40		under this code, are fair and reasonable and in compliance with 47
45	41		U.S.C. Section 253;
46	42		(9) to the extent this state has delegated its
47	43		fiduciary responsibility to municipalities as managers of a
48	44		valuable public asset, the public right-of-way, this state is
49	45		acting in its role as a landowner in balancing the needs of the
50	46		public and the needs of the network providers by allowing access to
51	47		the public right-of-way to place network nodes in the public
52	48		right-of-way strictly within the terms of this chapter; and
53	49		(10) as to each municipality, including home-rule
54	50		municipalities, this state has determined that it is reasonable and
55	51		necessary to allow access to the public right-of-way for the
56	52		purposes of deploying network nodes to protect and safeguard the
57	53		health, safety, and welfare of the public as provided by this
58	54		chapter.
59	55		(b) In order to safeguard the health, safety, and welfare of
60	56		the public, it is the policy of this state to promote the adoption
61	57		of and encourage competition in the provision of wireless services
62	58		by reducing the barriers to entry for providers of services so that
63	59		the number and types of services offered by providers continue to
64	60		increase through competition.
65	61		(c) It is the policy of this state, subject to state law and
66	62		strictly within the requirements and limitations prescribed by this
67	63		chapter, that municipalities:
68	64		(1) retain the authority to manage the public
69	65		right-of-way to ensure the health, safety, and welfare of the
70	66		public; and
71	67		(2) receive from network providers fair and reasonable
72	68		compensation for use of the public right-of-way and for collocation
73	69		on poles.
74	70		Sec. 284.002. DEFINITIONS. In this chapter:
75	71		(1) "Antenna" means communications equipment that
76	72		transmits or receives electromagnetic radio frequency signals used
77	73		in the provision of wireless services.
78	74		(2) "Applicable codes" means:
79	75		(A) uniform building, fire, electrical,
80	76		plumbing, or mechanical codes adopted by a recognized national code
81	77		organization; and
82	78		(B) local amendments to those codes to the extent
83	79		not inconsistent with this chapter.
84	80		(3) "Collocate" and "collocation" mean the
85	81		installation, mounting, maintenance, modification, operation, or
86	82		replacement of network nodes in a public right-of-way on or
87	83		adjacent to a pole.
88	84		(4) "Decorative pole" means a streetlight pole
89	85		specially designed and placed for aesthetic purposes and on which
90	86		no appurtenances or attachments, other than specially designed
91	87		informational or directional signage or temporary holiday or
92	88		special event attachments, have been placed or are permitted to be
93	89		placed according to nondiscriminatory municipal codes.
94	90		(5) "Design district" means an area that is zoned, or
95	91		otherwise designated by municipal code, and for which the city
96	92		maintains and enforces unique design and aesthetic standards on a
97	93		uniform and nondiscriminatory basis.
98	94		(6) "Historic district" means an area that is zoned or
99	95		otherwise designated as a historic district under municipal, state,
100	96		or federal law.
101	97		(7) "Law" means common law or a federal, state, or
102	98		local law, statute, code, rule, regulation, order, or ordinance.
103	99		(8) "Macro tower" means a guyed or self-supported pole
104	100		or monopole greater than the height parameters prescribed by
105	101		Section 284.103 and that supports or is capable of supporting
106	102		antennas.
107	103		(9) "Micro network node" means a network node that is
108	104		not larger in dimension than 24 inches in length, 15 inches in
109	105		width, and 12 inches in height, and that has an exterior antenna, if
110	106		any, not longer than 11 inches.
111	107		(10) "Municipally owned utility pole" means a utility
112	108		pole owned or operated by a municipally owned utility, as defined by
113	109		Section 11.003, Utilities Code, and located in a public
114	110		right-of-way.
115	111		(11) "Municipal park" means an area that is zoned or
116	112		otherwise designated by municipal code as a public park for the
117	113		purpose of recreational activity.
118	114		(12) "Network node" means equipment at a fixed
119	115		location that enables wireless communications between user
120	116		equipment and a communications network. The term:
121	117		(A) includes:
122	118		(i) equipment associated with wireless
123	119		communications;
124	120		(ii) a radio transceiver, an antenna, a
125	121		battery-only backup power supply, and comparable equipment,
126	122		regardless of technological configuration; and
127	123		(iii) coaxial or fiber-optic cable that is
128	124		immediately adjacent to and directly associated with a particular
129	125		collocation; and
130	126		(B) does not include:
131	127		(i) an electric generator;
132	128		(ii) a pole; or
133	129		(iii) a macro tower.
134	130		(13) "Network provider" means:
135	131		(A) a wireless service provider; or
136	132		(B) a person that does not provide wireless
137	133		services and that is not an electric utility but builds or installs
138	134		on behalf of a wireless service provider:
139	135		(i) network nodes; or
140	136		(ii) node support poles or any other
141	137		structure that supports or is capable of supporting a network node.
142	138		(14) "Node support pole" means a pole installed by a
143	139		network provider for the primary purpose of supporting a network
144	140		node.
145	141		(15) "Permit" means a written authorization for the
146	142		use of the public right-of-way or collocation on a service pole
147	143		required from a municipality before a network provider may perform
148	144		an action or initiate, continue, or complete a project over which
149	145		the municipality has police power authority.
150	146		(16) "Pole" means a service pole, municipally owned
151	147		utility pole, node support pole, or utility pole.
152	148		(17) "Private easement" means an easement or other
153	149		real property right that is only for the benefit of the grantor and
154	150		grantee and their successors and assigns.
155	151		(18) "Public right-of-way" means the area on, below,
156	152		or above a public roadway, highway, street, public sidewalk, alley,
157	153		waterway, or utility easement in which the municipality has an
158	154		interest. The term does not include:
159	155		(A) a private easement; or
160	156		(B) the airwaves above a public right-of-way with
161	157		regard to wireless telecommunications.
162	158		(19) "Public right-of-way management ordinance" means
163	159		an ordinance that complies with Subchapter C.
164	160		(20) "Public right-of-way rate" means an annual rental
165	161		charge paid by a network provider to a municipality related to the
166	162		construction, maintenance, or operation of network nodes within a
167	163		public right-of-way in the municipality.
168	164		(21) "Service pole" means a pole, other than a
169	165		municipally owned utility pole, owned or operated by a municipality
170	166		and located in a public right-of-way, including:
171	167		(A) a pole that supports traffic control
172	168		functions;
173	169		(B) a structure for signage;
174	170		(C) a pole that supports lighting, other than a
175	171		decorative pole; and
176	172		(D) a pole or similar structure owned or operated
177	173		by a municipality and supporting only network nodes.
178	174		(22) "Transport facility" means each transmission
179	175		path physically within a public right-of-way, extending with a
180	176		physical line from a network node directly to the network, for the
181	177		purpose of providing backhaul for network nodes.
182	178		(23) "Utility pole" means a pole that provides:
183	179		(A) electric distribution with a voltage rating
184	180		of not more than 34.5 kilovolts; or
185	181		(B) services of a telecommunications provider,
186	182		as defined by Section 51.002, Utilities Code.
187	183		(24) "Wireless service" means any service, using
188	184		licensed or unlicensed wireless spectrum, including the use of
189	185		Wi-Fi, whether at a fixed location or mobile, provided to the public
190	186		using a network node.
191	187		(25) "Wireless service provider" means a person that
192	188		provides wireless service to the public.
193	189		Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES.
194	190		(a) Except as provided by Section 284.109, a network node to which
195	191		this chapter applies must conform to the following conditions:
196	192		(1) each antenna that does not have exposed elements
197	193		and is attached to an existing structure or pole:
198	194		(A) must be located inside an enclosure of not
199	195		more than six cubic feet in volume;
200	196		(B) may not exceed a height of three feet above
201	197		the existing structure or pole; and
202	198		(C) may not protrude from the outer circumference
203	199		of the existing structure or pole by more than two feet;
204	200		(2) if an antenna has exposed elements and is attached
205	201		to an existing structure or pole, the antenna and all of the
206	202		antenna's exposed elements:
207	203		(A) must fit within an imaginary enclosure of not
208	204		more than six cubic feet;
209	205		(B) may not exceed a height of three feet above
210	206		the existing structure or pole; and
211	207		(C) may not protrude from the outer circumference
212	208		of the existing structure or pole by more than two feet;
213	209		(3) the cumulative size of other wireless equipment
214	210		associated with the network node attached to an existing structure
215	211		or pole may not:
216	212		(A) be more than 28 cubic feet in volume; or
217	213		(B) protrude from the outer circumference of the
218	214		existing structure or pole by more than two feet;
219	215		(4) ground-based enclosures, separate from the pole,
220	216		may not be higher than three feet six inches from grade, wider than
221	217		three feet six inches, or deeper than three feet six inches; and
222	218		(5) pole-mounted enclosures may not be taller than
223	219		five feet.
224	220		(b) The following types of associated ancillary equipment
225	221		are not included in the calculation of equipment volume under
226	222		Subsection (a):
227	223		(1) electric meters;
228	224		(2) concealment elements;
229	225		(3) telecommunications demarcation boxes;
230	226		(4) grounding equipment;
231	227		(5) power transfer switches;
232	228		(6) cut-off switches; and
233	229		(7) vertical cable runs for the connection of power
234	230		and other services.
235	231		(c) Equipment attached to node support poles may not
236	232		protrude from the outer edge of the node support pole by more than
237	233		two feet.
238	234		(d) Equipment attached to a utility pole must be installed
239	235		in accordance with the National Electrical Safety Code, subject to
240	236		applicable codes, and the utility pole owner's construction
241	237		standards.
242	238		SUBCHAPTER B. USE OF PUBLIC RIGHT-OF-WAY
243	239		Sec. 284.051. APPLICABILITY OF SUBCHAPTER. This subchapter
244	240		applies only to activities related to transport facilities for
245	241		network nodes, activities of a network provider collocating network
246	242		nodes in the public right-of-way or installing, constructing,
247	243		operating, modifying, replacing, and maintaining node support
248	244		poles in a public right-of-way, and municipal authority in relation
249	245		to those activities.
250	246		Sec. 284.052. EXCLUSIVE USE PROHIBITED. A municipality may
251	247		not enter into an exclusive arrangement with any person for use of
252	248		the public right-of-way for the construction, operation,
253	249		marketing, or maintenance of network nodes or node support poles.
254	250		Sec. 284.053. ANNUAL PUBLIC RIGHT-OF-WAY RATE. (a) A
255	251		public right-of-way rate for use of the public right-of-way may not
256	252		exceed an annual amount equal to $250 multiplied by the number of
257	253		network nodes installed in the public right-of-way in the
258	254		municipality's corporate boundaries.
259	255		(b) At the municipality's discretion, the municipality may
260	256		charge a network provider a lower rate or fee if the lower rate or
261	257		fee is:
262	258		(1) nondiscriminatory;
263	259		(2) related to the use of the public right-of-way; and
264	260		(3) not a prohibited gift of public property.
265	261		Sec. 284.054. PUBLIC RIGHT-OF-WAY RATE ADJUSTMENT. (a) In
266	262		this section, "consumer price index" means the annual revised
267	263		Consumer Price Index for All Urban Consumers for Texas, as
268	264		published by the federal Bureau of Labor Statistics.
269	265		(b) A municipality may adjust the amount of the public
270	266		right-of-way rate not more often than annually by an amount equal to
271	267		one-half the annual change, if any, in the consumer price index.
272	268		The municipality shall provide written notice to each network
273	269		provider of the new rate, and the rate shall apply to the first
274	270		payment due to the municipality on or after the 60th day following
275	271		that notice.
276	272		Sec. 284.055. USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE
277	273		RATE. (a) A network provider that wants to connect a network node
278	274		to the network using the public right-of-way may:
279	275		(1) install its own transport facilities subject to
280	276		Subsection (b); or
281	277		(2) obtain transport service from a person that is
282	278		paying municipal fees to occupy the public right-of-way that are
283	279		the equivalent of not less than $28 per node per month.
284	280		(b) A network provider may not install its own transport
285	281		facilities unless the provider:
286	282		(1) has a permit to use the public right-of-way; and
287	283		(2) pays to the municipality a monthly public
288	284		right-of-way rate for transport facilities in an amount equal to
289	285		$28 multiplied by the number of the network provider's network
290	286		nodes located in the public right-of-way for which the installed
291	287		transport facilities provide backhaul unless or until the time the
292	288		network provider's payment of municipal fees to the municipality
293	289		exceeds its monthly aggregate per-node compensation to the
294	290		municipality.
295	291		(c) A public right-of-way rate required by Subsection (b) is
296	292		in addition to any public right-of-way rate required by Section
297	293		284.053.
298	294		Sec. 284.056. COLLOCATION OF NETWORK NODES ON SERVICE
299	295		POLES. A municipality, subject to an agreement with the
300	296		municipality that does not conflict with this chapter, shall allow
301	297		collocation of network nodes on service poles on nondiscriminatory
302	298		terms and conditions and at a rate not greater than $20 per year per
303	299		service pole.
304	300		Sec. 284.057. PROHIBITION ON OTHER COMPENSATION. A
305	301		municipality may not require a network provider to pay any
306	302		compensation other than the compensation authorized by this chapter
307	303		for the right to use a public right-of-way for network nodes, node
308	304		support poles, or transport facilities for network nodes.
309	305		SUBCHAPTER C. ACCESS AND APPROVALS
310	306		Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY.
311	307		(a) Except as specifically provided by this chapter, and subject
312	308		to the requirements of this chapter and the approval of a permit
313	309		application, if required, a network provider is authorized, as a
314	310		permitted use, without need for a special use permit or similar
315	311		zoning review and not subject to further land use approval, to do
316	312		the following in the public right-of-way:
317	313		(1) construct, modify, maintain, operate, relocate,
318	314		and remove a network node or node support pole;
319	315		(2) modify or replace a utility pole or node support
320	316		pole; and
321	317		(3) collocate on a pole, subject to an agreement with
322	318		the municipality that does not conflict with this chapter.
323	319		(b) A network provider taking an action authorized by
324	320		Subsection (a) is subject to applicable codes, including applicable
325	321		public right-of-way management ordinances.
326	322		Sec. 284.102. GENERAL CONSTRUCTION AND MAINTENANCE
327	323		REQUIREMENTS. A network provider shall construct and maintain
328	324		network nodes and node support poles described by Section 284.101
329	325		in a manner that does not:
330	326		(1) obstruct, impede, or hinder the usual travel or
331	327		public safety on a public right-of-way;
332	328		(2) obstruct the legal use of a public right-of-way by
333	329		other utility providers;
334	330		(3) violate nondiscriminatory applicable codes;
335	331		(4) violate or conflict with the municipality's
336	332		publicly disclosed public right-of-way design specifications; or
337	333		(5) violate the federal Americans with Disabilities
338	334		Act of 1990 (42 U.S.C. Section 12101 et seq.).
339	335		Sec. 284.103. GENERAL LIMITATION ON PLACEMENT OF POLES. A
340	336		network provider shall ensure that each new, modified, or
341	337		replacement utility pole or node support pole installed in a public
342	338		right-of-way in relation to which the network provider received
343	339		approval of a permit application does not exceed the lesser of:
344	340		(1) 10 feet in height above the tallest existing
345	341		utility pole located within 500 linear feet of the new pole in the
346	342		same public right-of-way; or
347	343		(2) 55 feet above ground level.
348	344		Sec. 284.104. INSTALLATION IN MUNICIPAL PARKS AND
349	345		RESIDENTIAL AREAS. (a) A network provider may not install a new
350	346		node support pole in a public right-of-way without the
351	347		municipality's discretionary, nondiscriminatory, and written
352	348		consent if the public right-of-way is in a municipal park or is
353	349		adjacent to a street or thoroughfare that is:
354	350		(1) not more than 50 feet wide; and
355	351		(2) adjacent to single-family residential lots or
356	352		other multifamily residences or undeveloped land that is designated
357	353		for residential use by zoning or deed restrictions.
358	354		(b) In addition to the requirement prescribed by Subsection
359	355		(a), a network provider installing a network node or node support
360	356		pole in a public right-of-way described by Subsection (a) shall
361	357		comply with private deed restrictions and other private
362	358		restrictions in the area that apply to those facilities.
363	359		Sec. 284.105. INSTALLATION IN HISTORIC OR DESIGN DISTRICTS.
364	360		(a) A network provider must obtain advance approval from a
365	361		municipality before collocating new network nodes or installing new
366	362		node support poles in an area of the municipality zoned or otherwise
367	363		designated as a historic district or as a design district if the
368	364		district has decorative poles. As a condition for approval of new
369	365		network nodes or new node support poles in a historic district or a
370	366		design district with decorative poles, a municipality may require
371	367		reasonable design or concealment measures for the new network nodes
372	368		or new node support poles. A municipality may request that a
373	369		network provider comply with the design and aesthetic standards of
374	370		the historic or design district and explore the feasibility of
375	371		using certain camouflage measures to improve the aesthetics of the
376	372		new network nodes, new node support poles, or related ground
377	373		equipment, or any portion of the nodes, poles, or equipment, to
378	374		minimize the impact to the aesthetics in a historic district or on a
379	375		design district's decorative poles.
380	376		(b) This section may not be construed to limit a
381	377		municipality's authority to enforce historic preservation zoning
382	378		regulations consistent with the preservation of local zoning
383	379		authority under 47 U.S.C. Section 332(c)(7), the requirements for
384	380		facility modifications under 47 U.S.C. Section 1455(a), or the
385	381		National Historic Preservation Act of 1966 (54 U.S.C. Section
386	382		300101 et seq.), and the regulations adopted to implement those
387	383		laws.
388	384		Sec. 284.106. EQUIPMENT CABINETS. A network provider shall
389	385		ensure that the vertical height of an equipment cabinet installed
390	386		as part of a network node does not exceed the height limitation
391	387		prescribed by Section 284.003, subject to approval of the pole's
392	388		owner if applicable.
393	389		Sec. 284.107. COMPLIANCE WITH UNDERGROUNDING REQUIREMENT.
394	390		(a) A network provider shall, in relation to installation for
395	391		which the municipality approved a permit application, comply with
396	392		nondiscriminatory undergrounding requirements, including
397	393		municipal ordinances, zoning regulations, state law, private deed
398	394		restrictions, and other public or private restrictions, that
399	395		prohibit installing aboveground structures in a public
400	396		right-of-way without first obtaining zoning or land use approval.
401	397		(b) A requirement or restriction described by Subsection
402	398		(a) may not be interpreted to prohibit a network provider from
403	399		replacing an existing structure.
404	400		Sec. 284.108. DESIGN MANUAL. (a) A municipality may adopt
405	401		a design manual for the installation and construction of network
406	402		nodes and new node support poles in the public right-of-way that
407	403		includes additional installation and construction details that do
408	404		not conflict with this chapter. The design manual may include:
409	405		(1) a requirement that an industry standard pole load
410	406		analysis be completed and submitted to the municipality indicating
411	407		that the service pole to which the network node is to be attached
412	408		will safely support the load; and
413	409		(2) a requirement that network node equipment placed
414	410		on new and existing poles be placed more than eight feet above
415	411		ground level.
416	412		(b) A network provider shall comply with a design manual, if
417	413		any, in place on the date a permit application is filed in relation
418	414		to work for which the municipality approved the permit application.
419	415		A municipality's obligations under Section 284.154 may not be
420	416		tolled or extended pending the adoption or modification of a design
421	417		manual.
422	418		Sec. 284.109. EXCEPTIONS. Subject to Subchapter D, a
423	419		network provider may construct, modify, or maintain in a public
424	420		right-of-way a network node or node support pole that exceeds the
425	421		height or distance limitations prescribed by this chapter only if
426	422		the municipality approves the construction, modification, or
427	423		maintenance subject to all applicable zoning or land use
428	424		regulations and applicable codes.
429	425		Sec. 284.110. DISCRIMINATION PROHIBITED. A municipality,
430	426		in the exercise of the municipality's administrative and regulatory
431	427		authority related to the management of and access to the public
432	428		right-of-way, must be competitively neutral with regard to other
433	429		users of the public right-of-way.
434	430		SUBCHAPTER D. APPLICATIONS AND PERMITS
435	431		Sec. 284.151. PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.
436	432		(a) Except as otherwise provided by this chapter, a municipality
437	433		may not prohibit, regulate, or charge for the installation or
438	434		collocation of network nodes in a public right-of-way.
439	435		(b) A municipality may not directly or indirectly require,
440	436		as a condition for issuing a permit required under this chapter,
441	437		that the applicant perform services unrelated to the installation
442	438		or collocation for which the permit is sought, including in-kind
443	439		contributions such as reserving fiber, conduit, or pole space for
444	440		the municipality.
445	441		(c) A municipality may not institute a moratorium, in whole
446	442		or in part, express or de facto, on:
447	443		(1) filing, receiving, or processing applications; or
448	444		(2) issuing permits or other approvals, if any, for
449	445		the installation of network nodes or node support poles.
450	446		Sec. 284.152. AUTHORITY TO REQUIRE PERMIT. (a) Except as
451	447		otherwise provided by this chapter, a municipality may require a
452	448		network provider to obtain one or more permits to install a network
453	449		node, node support pole, or transport facility in a public
454	450		right-of-way if the permit:
455	451		(1) is of general applicability to users of the public
456	452		right-of-way;
457	453		(2) does not apply exclusively to network nodes; and
458	454		(3) is processed on nondiscriminatory terms and
459	455		conditions regardless of the type of entity submitting the
460	456		application for the permit.
461	457		(b) A network provider that wants to install or collocate
462	458		multiple network nodes inside the territorial jurisdiction of a
463	459		single municipality is entitled to file a consolidated permit
464	460		application with the municipality for not more than 30 network
465	461		nodes and receive permits for the installation or collocation of
466	462		those network nodes.
467	463		Sec. 284.153. GENERAL PROCESS RELATING TO PERMIT
468	464		APPLICATION. (a) Except as otherwise provided by this section, a
469	465		municipality may not require an applicant to provide more
470	466		information to obtain the permit than a telecommunications utility
471	467		that is not a network provider is required to provide unless the
472	468		information directly relates to the requirements of this chapter.
473	469		(b) As part of the standard form for a permit application, a
474	470		municipality may require the applicant to include applicable
475	471		construction and engineering drawings and information to confirm
476	472		that the applicant will comply with the municipality's publicly
477	473		disclosed public right-of-way design specifications and applicable
478	474		codes.
479	475		(c) A municipality may require an applicant to provide:
480	476		(1) information reasonably related to the provider's
481	477		use of the public right-of-way under this chapter to ensure
482	478		compliance with this chapter;
483	479		(2) a certificate that the network node complies with
484	480		applicable regulations of the Federal Communications Commission;
485	481		and
486	482		(3) certification that the proposed network node will
487	483		be placed into active commercial service by or for a network
488	484		provider not later than the 60th day after the date the construction
489	485		and final testing of the network node is completed.
490	486		Sec. 284.154. MUNICIPAL REVIEW PROCESS. (a) A
491	487		municipality shall process each permit application on a
492	488		nondiscriminatory basis.
493	489		(b) Not later than the 30th day after the date the
494	490		municipality receives an application for a permit for a network
495	491		node or node support pole, or the 10th day after the date the
496	492		municipality receives an application for a permit for a transport
497	493		facility, the municipality shall determine whether the application
498	494		is complete and notify the applicant of that determination. If the
499	495		municipality determines that the application is not complete, the
500	496		municipality shall specifically identify the missing information.
501	497		(c) A municipality shall approve an application that does
502	498		not require zoning or land use approval under this chapter unless
503	499		the application or the corresponding work to be performed under the
504	500		permit does not comply with the municipality's applicable codes or
505	501		other municipal rules, regulations, or other law that is consistent
506	502		with this chapter.
507	503		(d) A municipality must approve or deny an application for a
508	504		node support pole not later than the 150th day after the date the
509	505		municipality receives the complete application. A municipality
510	506		must approve or deny an application for a network node not later
511	507		than the 60th day after the date the municipality receives the
512	508		complete application. A municipality must approve or deny an
513	509		application for a transport facility not later than the 21st day
514	510		after the date the municipality receives a complete application.
515	511		An application for a permit for a node support pole, network node,
516	512		or transport facility shall be deemed approved if the application
517	513		is not approved or denied on or before the applicable date for
518	514		approval or denial prescribed by this subsection.
519	515		(e) A municipality that denies a complete application must
520	516		document the basis for the denial, including the specific
521	517		applicable code provisions or other municipal rules, regulations,
522	518		or other law on which the denial was based. The municipality shall
523	519		send the documentation by electronic mail to the applicant on or
524	520		before the date the municipality denies the application.
525	521		(f) Not later than the 30th day after the date the
526	522		municipality denies the application, the applicant may cure the
527	523		deficiencies identified in the denial documentation and resubmit
528	524		the application without paying an additional application fee, other
529	525		than a fee for actual costs incurred by the municipality.
530	526		Notwithstanding Subsection (d), the municipality shall approve or
531	527		deny the revised completed application after a denial not later
532	528		than the 90th day after the date the municipality receives the
533	529		completed revised application. The municipality's review of the
534	530		revised application is limited to the deficiencies cited in the
535	531		denial documentation.
536		-	Sec. 284.155. TIME OF INSTALLATION. (a) A network ~~provider~~
537		-	shall begin the installation for which a permit is granted ~~not later~~
538		-	than six months after final approval and shall diligently ~~pursue~~
539		-	the installation to completion.
	532	+	Sec. 284.155. TIME OF INSTALLATION. (a) A network
	533	+	provider shall begin the installation for which a permit is granted
	534	+	not later than six months after final approval and shall diligently
	535	+	pursue the installation to completion.
540	536		(b) Notwithstanding Subsection (a), the municipality may
541	537		place a longer time limit on completion or grant reasonable
542	538		extensions of time as requested by the network provider.
543	539		Sec. 284.156. APPLICATION FEES. (a) A municipality may
544	540		charge an application fee for a permit only if the municipality
545	541		requires the payment of the fee for similar types of commercial
546	542		development inside the municipality's territorial jurisdiction
547	543		other than a type for which application or permit fees are not
548	544		allowed by law.
549	545		(b) The amount of an application fee charged by a
550	546		municipality may not exceed the lesser of:
551	547		(1) the actual, direct, and reasonable costs the
552	548		municipality determines are incurred in granting or processing an
553	549		application that are reasonably related in time to the time the
554	550		costs of granting or processing an application are incurred; or
555	551		(2) $500 per application covering up to five network
556	552		nodes, $250 for each additional network node per application, and
557	553		$1,000 per application for each pole.
558	554		(c) In determining for purposes of Subsection (b)(1) the
559	555		amount of the actual, direct, and reasonable costs, the
560	556		municipality may not:
561	557		(1) include costs incurred by the municipality in
562	558		relation to third-party legal or engineering review of an
563	559		application; or
564	560		(2) direct payments or reimbursement of third-party
565	561		public right-of-way rates or fees charged on a contingency basis or
566	562		under a result-based arrangement.
567	563		Sec. 284.157. CERTAIN WORK EXEMPTED. (a) Notwithstanding
568	564		any other provision of this chapter, a municipality may not require
569	565		a network provider to submit an application, obtain a permit, or pay
570	566		a rate for:
571	567		(1) routine maintenance that does not require
572	568		excavation or closing of sidewalks or vehicular lanes in a public
573	569		right-of-way;
574	570		(2) replacing or upgrading a network node or pole with
575	571		a node or pole that is substantially similar in size or smaller and
576	572		that does not require excavation or closing of sidewalks or
577	573		vehicular lanes in a public right-of-way; or
578	574		(3) the installation, placement, maintenance,
579	575		operation, or replacement of micro network nodes that are strung on
580	576		cables between existing poles or node support poles, in compliance
581	577		with the National Electrical Safety Code.
582	578		(b) For purposes of Subsection (a)(2):
583	579		(1) a network node or pole is considered to be
584	580		"substantially similar" if:
585	581		(A) the new or upgraded network node, including
586	582		the antenna or other equipment element, will not be more than 10
587	583		percent larger than the existing node, provided that the increase
588	584		may not result in the node exceeding the size limitations provided
589	585		by Section 284.003; and
590	586		(B) the new or upgraded pole will not be more than
591	587		10 percent higher than the existing pole, provided that the
592	588		increase may not result in the pole exceeding the applicable height
593	589		limitations prescribed by Section 284.103;
594	590		(2) the replacement or upgrade does not include
595	591		replacement of an existing node support pole; and
596	592		(3) the replacement or upgrade does not defeat
597	593		existing concealment elements of a node support pole.
598	594		(c) The determination under Subsection (b)(1) of whether a
599	595		replacement or upgrade is substantially similar is made by
600	596		measuring from the dimensions of the network node or node support
601	597		pole as approved by the municipality.
602	598		(d) Notwithstanding Subsection (a):
603	599		(1) a municipality may require advance notice of work
604	600		described by that subsection;
605	601		(2) a network provider may replace or upgrade a pole
606	602		only with the approval of the pole's owner; and
607	603		(3) the size limitations may not in any event exceed
608	604		the parameters prescribed by Section 284.003 without the
609	605		municipality's approval in accordance with Section 284.109, with
610	606		the municipality acting on behalf of this state as the fiduciary
611	607		trustee of public property.
612	608		SUBCHAPTER E. ACCESS TO MUNICIPALLY OWNED UTILITY POLES
613	609		Sec. 284.201. USE OF MUNICIPALLY OWNED UTILITY POLES.
614	610		(a) The governing body of a municipally owned utility shall allow
615	611		collocation of network nodes on municipally owned utility poles on
616	612		nondiscriminatory terms and conditions and pursuant to a negotiated
617	613		pole attachment agreement, including any applicable permitting
618	614		requirements of the municipally owned utility.
619	615		(b) The annual pole attachment rate for the collocation of a
620	616		network node supported by or installed on a municipally owned
621	617		utility pole shall be based on a pole attachment rate consistent
622	618		with Section 54.204, Utilities Code, applied on a per-foot basis.
623	619		(c) The requirements of Subchapters B, C, and D applicable
624	620		to the installation of a network node supported by or installed on a
625	621		pole do not apply to a network node supported by or installed on a
626	622		municipally owned utility pole.
627	623		SUBCHAPTER F. EFFECT ON OTHER UTILITIES AND PROVIDERS
628	624		Sec. 284.251. DEFINITIONS. In this subchapter:
629	625		(1) "Cable service" and "video service" have the
630	626		meanings assigned by Section 66.002, Utilities Code.
631	627		(2) "Electric cooperative" has the meaning assigned by
632	628		Section 11.003, Utilities Code.
633	629		(3) "Electric utility" has the meaning assigned by
634	630		Section 31.002, Utilities Code.
635	631		(4) "Telecommunications provider" has the meaning
636	632		assigned by Section 51.002, Utilities Code.
637	633		(5) "Telephone cooperative" has the meaning assigned
638	634		by Section 162.003, Utilities Code.
639	635		Sec. 284.252. EFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES,
640	636		ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND
641	637		TELECOMMUNICATIONS PROVIDERS. Nothing in this chapter shall govern
642	638		attachment of network nodes on poles and other structures owned or
643	639		operated by investor-owned electric utilities, electric
644	640		cooperatives, telephone cooperatives, or telecommunications
645	641		providers. This chapter does not confer on municipalities any new
646	642		authority over those utilities, cooperatives, or providers.
647	643		Sec. 284.253. EFFECT ON PROVIDERS OF CABLE SERVICES OR
648	644		VIDEO SERVICES. (a) An approval for the installation, placement,
649	645		maintenance, or operation of a network node or transport facility
650	646		under this chapter may not be construed to confer authorization to
651	647		provide:
652	648		(1) cable service or video service without complying
653	649		with all terms of Chapter 66, Utilities Code; or
654	650		(2) information service as defined by 47 U.S.C.
655	651		Section 153(24), or telecommunications service as defined by 47
656	652		U.S.C. Section 153(53), in the public right-of-way.
657	653		(b) Except as provided by this chapter, a municipality may
658	654		not adopt or enforce any regulations or requirements that would
659	655		require a wireless service provider, or its affiliate, that holds a
660	656		cable or video franchise under Chapter 66, Utilities Code, to
661	657		obtain any additional authorization or to pay any fees based on the
662	658		provider's provision of wireless service over its network nodes.
663	659		SUBCHAPTER G. GENERAL CONDITIONS OF ACCESS
664	660		Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS.
665	661		(a) Subject to this chapter and applicable federal and state law,
666	662		a municipality may continue to exercise zoning, land use, planning,
667	663		and permitting authority in the municipality's boundaries,
668	664		including with respect to utility poles.
669	665		(b) A municipality may exercise that authority to impose
670	666		police-power-based regulations for the management of the public
671	667		right-of-way that apply to all persons subject to the municipality.
672	668		(c) A municipality may impose police-power-based
673	669		regulations in the management of the activities of network
674	670		providers in the public right-of-way only to the extent that the
675	671		regulations are reasonably necessary to protect the health, safety,
676	672		and welfare of the public.
677	673		Sec. 284.302. INDEMNIFICATION. The indemnification
678	674		provisions of Sections 283.057(a) and (b) apply to a network
679	675		provider accessing a public right-of-way under this chapter.
680	676		Sec. 284.303. RELOCATION. Except as provided in existing
681	677		state and federal law, a network provider shall relocate or adjust
682	678		network nodes in a public right-of-way in a timely manner and
683	679		without cost to the municipality managing the public right-of-way.
684	680		Sec. 284.304. INTERFERENCE. (a) A network provider shall
685	681		operate all network nodes in accordance with all applicable laws,
686	682		including regulations adopted by the Federal Communications
687	683		Commission.
688	684		(b) A network provider shall ensure that the operation of a
689	685		network node does not cause any harmful radio frequency
690	686		interference to a Federal Communications Commission-authorized
691	687		mobile telecommunications operation of the municipality operating
692	688		at the time the network node was initially installed or
693	689		constructed. On written notice, a network provider shall take all
694	690		steps reasonably necessary to remedy any harmful interference.
695	691		SECTION 2. (a) In this section, "collocation," "network
696	692		node," "network provider," and "public right-of-way" have the
697	693		meanings assigned by Section 284.002, Local Government Code, as
698	694		added by this Act.
699	695		(b) Public/private agreements between a municipality and a
700	696		network provider for the deployment of network nodes in the public
701	697		right-of-way on fair and reasonable terms as provided by Chapter
702	698		284, Local Government Code, as added by this Act, and corresponding
703	699		ordinances governing that deployment, are necessary to protect the
704	700		health, safety, and welfare of the public by facilitating robust
705	701		and dependable wireless networks. Accordingly, those agreements
706	702		and ordinances shall be conformed as provided by this section.
707	703		(c) Subject to Subsection (d) of this section, the rates,
708	704		terms, and conditions of agreements and ordinances entered into or
709	705		enacted before the effective date of this Act shall apply to all
710	706		network nodes installed and operational before the effective date
711	707		of this Act.
712	708		(d) For all network nodes installed and operational on or
713	709		after the effective date of this Act:
714	710		(1) if a rate, term, or condition of an agreement or
715	711		ordinance related to the construction, collocation, operation,
716	712		modification, or maintenance of network nodes does not comply with
717	713		the requirements of Chapter 284, Local Government Code, as added by
718	714		this Act, a municipality shall amend the agreement or ordinance to
719	715		comply with the requirements of Chapter 284, Local Government Code,
720	716		as added by this Act, and the amended rates, terms, or conditions
721	717		shall take effect for those network nodes on the six-month
722	718		anniversary of the effective date of this Act; and
723	719		(2) the rates, terms, and conditions of each agreement
724	720		executed, and each ordinance enacted, on or after the effective
725	721		date of this Act shall comply with the requirements of Chapter 284,
726	722		Local Government Code, as added by this Act.
727	723		SECTION 3. This Act takes effect September 1, 2017.
	724	+	______________________________ ______________________________
	725	+	President of the Senate Speaker of the House
	726	+	I hereby certify that S.B. No. 1004 passed the Senate on
	727	+	April 6, 2017, by the following vote: Yeas 29, Nays 0, two present
	728	+	not voting; and that the Senate concurred in House amendment on
	729	+	May 25, 2017, by the following vote: Yeas 29, Nays 0, two present
	730	+	not voting.
	731	+	______________________________
	732	+	Secretary of the Senate
	733	+	I hereby certify that S.B. No. 1004 passed the House, with
	734	+	amendment, on May 18, 2017, by the following vote: Yeas 140,
	735	+	Nays 6, two present not voting.
	736	+	______________________________
	737	+	Chief Clerk of the House
	738	+	Approved:
	739	+	______________________________
	740	+	Date
	741	+	______________________________
	742	+	Governor