By: Nichols, et al. S.B. No. 14
A BILL TO BE ENTITLED
AN ACT
relating to broadband service or facilities provided by an electric
cooperative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 181, Utilities Code, is
amended by adding Section 181.048 to read as follows:
Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES.
(a) In this section:
(1) "Broadband service" means Internet service with
the capability of providing:
(A) a download speed of 25 megabits per second or
faster; and
(B) an upload speed of three megabits per second
or faster.
(2) "Electric cooperative" means an electric
cooperative organized under Chapter 161 or a predecessor statute to
Chapter 161.
(b) An electric cooperative or an electric cooperative
affiliate may construct, operate, and maintain fiber optic cables
and other facilities for providing broadband service over, under,
across, on, or along real property, personal property,
rights-of-way, easements, and licenses and other property rights
owned, held, or used by the cooperative. An easement or other
property right owned, held, or used by the electric cooperative to
provide electricity or other services may also be used to provide
broadband service.
(c) The rates, terms, and conditions applicable to an
electric cooperative or an electric cooperative affiliate for
attaching broadband facilities on the electric cooperative's poles
must be comparable to the rates, terms, and conditions the electric
cooperative applies to other broadband service providers for
attaching broadband facilities to the electric cooperative's
poles. This subsection does not limit or restrict an electric
cooperative or electric cooperative affiliate from installing
fiber optic cables in the supply space of the electric
cooperative's poles.
(d) An electric cooperative or electric cooperative
affiliate that provides broadband service shall maintain separate
books and records of broadband service operations and the broadband
service operations of any subsidiary and shall ensure that the
rates charged for provision of electric service do not include any
broadband service costs or any other costs not related to the
provision of electric service.
(e) Subject to Subsection (f), not later than the 60th day
before the date the electric cooperative or electric cooperative
affiliate begins construction in an easement or other property
right that existed before that date of fiber optic cables and other
facilities for providing broadband service, the electric
cooperative or affiliate must provide written notice to the owners
of property in which the easement or property right is located of
the intent to use the easement or other property right for broadband
service. The electric cooperative or electric cooperative
affiliate shall send the notice by first class mail to the last
known address of each person in whose name the property is listed on
the most recent tax roll of each county authorized to levy property
taxes against the property. The notice must state whether any new
fiber optic cables used for broadband service will be located above
or below ground in the easement or other property right. Not later
than the 60th day after the date notice is mailed by the electric
cooperative or electric cooperative affiliate, a property owner
entitled to notice under this subsection may submit to the
cooperative or affiliate a written protest of the intended use of
the easement or other property right for broadband service. If an
electric cooperative or electric cooperative affiliate receives a
timely written protest under this subsection, the electric
cooperative or electric cooperative affiliate may not use the
easement or other property right for broadband service unless the
protestor later agrees in writing to that use or that use is
authorized by law.
(f) Subsection (e) does not apply to an electric
cooperative's or an electric cooperative affiliate's use of an
easement or other property right that includes an authorization for
the use of the easement or property right for the provision of
broadband service or similar communications service.
(g) This section may not be construed to:
(1) conflict with or limit the provisions of Chapter
43; or
(2) limit or prohibit an electric cooperative's use of
the cooperative's fiber optic cables or other facilities to operate
and maintain the cooperative's electric transmission or
distribution system or to provide electric service.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.