89R750 CXP-F
By: Guillen H.B. No. 1241
A BILL TO BE ENTITLED
AN ACT
relating to the installation of conduit by the Texas Department of
Transportation in the state highway system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.092, Transportation Code, is amended
to read as follows:
Sec. 202.092. INSTALLATION AND USE OF DEPARTMENT
FACILITIES. (a) For each road construction or reconstruction
project in a part of the state highway system in which
telecommunications conduit has not been installed under the
improved portion of the highway, the department shall:
(1) provide for the installation of
telecommunications conduit as part of the project at intervals not
to exceed:
(A) one mile in an unincorporated area; and
(B) 500 feet in an incorporated area; and
(2) ensure that access points to the conduit are
provided at each interval described by Subdivision (1) to
facilitate use by a telecommunications provider.
(b) Notwithstanding any other law, a telecommunications
provider may not place or maintain its facilities or otherwise use
improvements, including structures, medians, conduits, or
telecommunications equipment or lines, constructed or installed by
the state as components of the state highway system except by a
lease under Section 202.052 or an agreement under Section 202.093.
SECTION 2. Sections 201.671, 201.672, and 201.673,
Transportation Code, are transferred to Chapter 250,
Transportation Code, redesignated as Section 250.003,
Transportation Code, and amended to read as follows:
Sec. 250.003 [201.671]. COORDINATION OF BROADBAND
INSTALLATION [DEFINITIONS]. (a) In this section [subchapter]:
(1) "Broadband" means a mass-market retail service by
wire or radio that provides the capability to transmit data to and
receive data from all or substantially all Internet endpoints,
including capabilities that are incidental to and enable the
operation of the service. The term includes a service that is
functionally equivalent to the service described by this
subdivision.
(2) "Broadband conduit" means a conduit, pipe,
innerduct, or microduct for fiber-optic or other cables that
supports broadband and wireless facilities for broadband.
(b) [Sec. 201.672. COORDINATION. (a)] The department
shall provide notice on the department's Internet website of
ongoing and planned highway construction projects for which the
department will provide voluntary joint trenching opportunities in
the state's right-of-way for broadband providers. A broadband
provider may collaborate with the department to deploy broadband
conduit or other broadband facilities in those rights-of-way.
(c) [(b)] The department shall give special consideration
to broadband deployment described by Subsection (b) [(a)] that is
likely to improve access to broadband by rural or underserved
communities.
(d) [(c)] To the extent practicable, the department shall
assist political subdivisions in taking advantage of voluntary
joint trenching opportunities.
(e) This section applies only to a highway construction
project to which Section 202.092(a) does not apply.
(f) [Sec. 201.673. REPORT.] Annually, the department shall
submit to the legislature a report that explains the actions taken
by the department in carrying out this subchapter and identifies
any costs or cost savings to the state and private entities
associated with voluntary joint trenching opportunities.
SECTION 3. The heading to Subchapter H-1, Chapter 201,
Transportation Code, is repealed.
SECTION 4. The change in law made by this Act applies only
to a road construction or reconstruction project initiated on or
after the effective date of this Act. A road construction or
reconstruction project initiated before the effective date of this
Act is governed by the law in effect on the date the project was
initiated, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2025.