| 1 | 1 | | 87R5836 CXP-D |
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| 2 | 2 | | By: Anderson H.B. No. 2531 |
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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 an accommodation process authorizing the use of state |
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| 8 | 8 | | highway rights-of-way by broadband-only providers. |
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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. Chapter 250, Transportation Code, is amended by |
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| 11 | 11 | | adding Section 250.002 to read as follows: |
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| 12 | 12 | | Sec. 250.002. RIGHT-OF-WAY ACCOMMODATION FOR |
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| 13 | 13 | | BROADBAND-ONLY PROVIDERS. (a) In this section, "broadband-only |
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| 14 | 14 | | provider" means an entity that exclusively provides broadband |
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| 15 | 15 | | service, as defined by Section 181.048, Utilities Code. |
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| 16 | 16 | | (b) The commission by rule shall: |
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| 17 | 17 | | (1) establish an accommodation process that |
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| 18 | 18 | | authorizes broadband-only providers to use state highway |
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| 19 | 19 | | rights-of-way, subject to highway purposes, for: |
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| 20 | 20 | | (A) new broadband facility installations; |
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| 21 | 21 | | (B) additions to or maintenance of existing |
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| 22 | 22 | | broadband facility installations; |
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| 23 | 23 | | (C) adjustments or relocations of broadband |
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| 24 | 24 | | facilities; and |
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| 25 | 25 | | (D) existing broadband facilities retained |
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| 26 | 26 | | within the rights-of-way; and |
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| 27 | 27 | | (2) prescribe minimum requirements for the |
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| 28 | 28 | | accommodation, method, materials, and location for the |
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| 29 | 29 | | installation, adjustment, and maintenance of broadband facilities |
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| 30 | 30 | | under the accommodation process. |
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| 31 | 31 | | SECTION 2. Not later than the first anniversary of the |
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| 32 | 32 | | effective date of this Act, the Texas Transportation Commission |
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| 33 | 33 | | shall adopt the rules required by Section 250.002, Transportation |
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| 34 | 34 | | Code, as added by this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2021. |
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