Texas 2019 - 86th Regular

Texas Senate Bill SB14 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 14
	1	+	86R28451 GRM-F
	2	+	By: Nichols, et al. S.B. No. 14
	3	+	(Kuempel, Ashby, Bell of Kaufman, King of Parker,
	4	+	Price, et al.)
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to broadband service or facilities provided by an electric
6	10		cooperative.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Subchapter C, Chapter 181, Utilities Code, is
9	13		amended by adding Section 181.048 to read as follows:
10	14		Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES.
11	15		(a) In this section:
12	16		(1) "Broadband service" means Internet service with
13	17		the capability of providing:
14	18		(A) a download speed of 25 megabits per second or
15	19		faster; and
16	20		(B) an upload speed of three megabits per second
17	21		or faster.
18	22		(2) "Electric cooperative" means an electric
19	23		cooperative organized under Chapter 161 or a predecessor statute to
20	24		Chapter 161.
21	25		(b) An electric cooperative or electric cooperative
22	26		affiliate may construct, operate, and maintain fiber optic cables
23	27		and other facilities for providing broadband service over, under,
24	28		across, on, or along real property, personal property,
25	29		rights-of-way, easements, and licenses and other property rights
26	30		owned, held, or used by the cooperative. An easement or other
27	31		property right owned, held, or used by the electric cooperative to
28	32		provide electricity or other services may also be used to provide
29	33		broadband service.
30	34		(c) The monetary rates applicable to an electric
31	35		cooperative or electric cooperative affiliate for attaching
32		-	broadband facilities on the electric cooperative's poles must be
33		-	just and reasonable and may not be less than the monetary rates the
34		-	electric cooperative charges to other broadband service providers
35		-	for attaching broadband facilities to the electric cooperative's
36		-	poles. The terms and conditions applicable to an electric
37		-	cooperative or electric cooperative affiliate for attaching
38		-	broadband facilities on the electric cooperative's poles must be
39		-	just and reasonable and be comparable to the terms and conditions
40		-	the electric cooperative applies to other broadband service
41		-	providers for attaching broadband facilities to the electric
42		-	cooperative's poles. This subsection does not limit or restrict an
43		-	electric cooperative or electric cooperative affiliate from
44		-	installing fiber optic cables in the supply space of the electric
45		-	cooperative's poles.
	36	+	broadband facilities on the electric cooperative's poles may not be
	37	+	less than the monetary rates the electric cooperative charges to
	38	+	other broadband service providers for attaching broadband
	39	+	facilities to the electric cooperative's poles. The terms and
	40	+	conditions applicable to an electric cooperative or electric
	41	+	cooperative affiliate for attaching broadband facilities on the
	42	+	electric cooperative's poles must be comparable to the terms and
	43	+	conditions the electric cooperative applies to other broadband
	44	+	service providers for attaching broadband facilities to the
	45	+	electric cooperative's poles. This subsection does not limit or
	46	+	restrict an electric cooperative or electric cooperative affiliate
	47	+	from installing fiber optic cables in the supply space of the
	48	+	electric cooperative's poles.
46	49		(d) An electric cooperative or electric cooperative
47	50		affiliate that provides broadband service shall maintain separate
48	51		books and records of broadband service operations and the broadband
49	52		service operations of any subsidiary and shall ensure that the
50	53		rates charged for provision of electric service do not include any
51	54		broadband service costs or any other costs not related to the
52	55		provision of electric service.
53	56		(e) Subject to Subsection (f), not later than the 60th day
54	57		before the date the electric cooperative or electric cooperative
55	58		affiliate begins construction in an easement or other property
56	59		right that existed before that date of fiber optic cables and other
57	60		facilities for providing broadband service, the electric
58	61		cooperative or electric cooperative affiliate must provide written
59	62		notice to the owners of property in which the easement or property
60	63		right is located of the intent to use the easement or other property
61	64		right for broadband service. The electric cooperative or electric
62	65		cooperative affiliate shall send the notice by first class mail to
63	66		the last known address of each person in whose name the property is
64	67		listed on the most recent tax roll of each county authorized to levy
65	68		property taxes against the property. The notice must state whether
66	69		any new fiber optic cables used for broadband service will be
67	70		located above or below ground in the easement or other property
68	71		right. Not later than the 60th day after the date notice is mailed
69	72		by the electric cooperative or electric cooperative affiliate, a
70	73		property owner entitled to notice under this subsection may submit
71	74		to the electric cooperative or electric cooperative affiliate a
72	75		written protest of the intended use of the easement or other
73	76		property right for broadband service. If an electric cooperative
74	77		or electric cooperative affiliate receives a timely written protest
75	78		under this subsection, the electric cooperative or electric
76	79		cooperative affiliate may not use the easement or other property
77	80		right for broadband service unless the protestor later agrees in
78	81		writing to that use or that use is authorized by law.
79	82		(f) Subsection (e) does not apply to an electric
80	83		cooperative's or electric cooperative affiliate's use of an
81	84		easement or other property right that includes an authorization for
82	85		the use of the easement or property right for the provision of
83	86		broadband service or similar communications service.
84	87		(g) This section may not be construed to:
85	88		(1) conflict with or limit the provisions of Chapter
86	89		43; or
87	90		(2) limit or prohibit an electric cooperative's use of
88	91		the electric cooperative's fiber optic cables or other facilities
89	92		to operate and maintain the electric cooperative's electric
90	93		transmission or distribution system or to provide electric service.
91	94		SECTION 2. This Act takes effect immediately if it receives
92	95		a vote of two-thirds of all the members elected to each house, as
93	96		provided by Section 39, Article III, Texas Constitution. If this
94	97		Act does not receive the vote necessary for immediate effect, this
95	98		Act takes effect September 1, 2019.
96		-	______________________________ ______________________________
97		-	President of the Senate Speaker of the House
98		-	I hereby certify that S.B. No. 14 passed the Senate on
99		-	April 4, 2019, by the following vote: Yeas 30, Nays 1; and that
100		-	the Senate concurred in House amendments on May 21, 2019, by the
101		-	following vote: Yeas 31, Nays 0.
102		-	______________________________
103		-	Secretary of the Senate
104		-	I hereby certify that S.B. No. 14 passed the House, with
105		-	amendments, on May 14, 2019, by the following vote: Yeas 139,
106		-	Nays 0, two present not voting.
107		-	______________________________
108		-	Chief Clerk of the House
109		-	Approved:
110		-	______________________________
111		-	Date
112		-	______________________________
113		-	Governor