S.B. No. 14
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 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 monetary rates applicable to an electric
cooperative or electric cooperative affiliate for attaching
broadband facilities on the electric cooperative's poles must be
just and reasonable and may not be less than the monetary rates the
electric cooperative charges to other broadband service providers
for attaching broadband facilities to the electric cooperative's
poles. The terms and conditions applicable to an electric
cooperative or electric cooperative affiliate for attaching
broadband facilities on the electric cooperative's poles must be
just and reasonable and be comparable to the 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 electric cooperative 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 electric cooperative or electric cooperative 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 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 electric cooperative's fiber optic cables or other facilities
to operate and maintain the electric 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 14 passed the Senate on
April 4, 2019, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendments on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 14 passed the House, with
amendments, on May 14, 2019, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor