| 1 | 1 | | 86R4653 GRM-F |
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| 2 | 2 | | By: Kuempel H.B. No. 1446 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to use of an electric cooperative's easements or property |
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| 8 | 8 | | for broadband service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 181, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 181.048 to read as follows: |
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| 12 | 12 | | Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES. |
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| 13 | 13 | | (a) In this section, "broadband service" means Internet service |
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| 14 | 14 | | with: |
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| 15 | 15 | | (1) a download speed of 25 megabits per second or |
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| 16 | 16 | | faster; and |
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| 17 | 17 | | (2) an upload speed of three megabits per second or |
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| 18 | 18 | | faster. |
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| 19 | 19 | | (b) An electric cooperative organized under Chapter 161 or |
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| 20 | 20 | | an electric cooperative affiliate may construct, operate, and |
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| 21 | 21 | | maintain cables and other facilities for providing broadband |
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| 22 | 22 | | service over, under, across, on, or along real property, personal |
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| 23 | 23 | | property, rights-of-way, and easements owned, held, or used by the |
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| 24 | 24 | | cooperative. An easement or other property right owned, held, or |
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| 25 | 25 | | used by the electric cooperative to provide electricity or other |
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| 26 | 26 | | services may also be used to provide broadband service. |
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| 27 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2019. |
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