| 1 | 1 | | 89R750 CXP-F |
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| 2 | 2 | | By: Guillen H.B. No. 1241 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the installation of conduit by the Texas Department of |
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| 10 | 10 | | Transportation in the state highway system. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 202.092, Transportation Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 202.092. INSTALLATION AND USE OF DEPARTMENT |
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| 15 | 15 | | FACILITIES. (a) For each road construction or reconstruction |
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| 16 | 16 | | project in a part of the state highway system in which |
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| 17 | 17 | | telecommunications conduit has not been installed under the |
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| 18 | 18 | | improved portion of the highway, the department shall: |
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| 19 | 19 | | (1) provide for the installation of |
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| 20 | 20 | | telecommunications conduit as part of the project at intervals not |
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| 21 | 21 | | to exceed: |
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| 22 | 22 | | (A) one mile in an unincorporated area; and |
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| 23 | 23 | | (B) 500 feet in an incorporated area; and |
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| 24 | 24 | | (2) ensure that access points to the conduit are |
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| 25 | 25 | | provided at each interval described by Subdivision (1) to |
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| 26 | 26 | | facilitate use by a telecommunications provider. |
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| 27 | 27 | | (b) Notwithstanding any other law, a telecommunications |
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| 28 | 28 | | provider may not place or maintain its facilities or otherwise use |
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| 29 | 29 | | improvements, including structures, medians, conduits, or |
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| 30 | 30 | | telecommunications equipment or lines, constructed or installed by |
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| 31 | 31 | | the state as components of the state highway system except by a |
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| 32 | 32 | | lease under Section 202.052 or an agreement under Section 202.093. |
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| 33 | 33 | | SECTION 2. Sections 201.671, 201.672, and 201.673, |
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| 34 | 34 | | Transportation Code, are transferred to Chapter 250, |
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| 35 | 35 | | Transportation Code, redesignated as Section 250.003, |
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| 36 | 36 | | Transportation Code, and amended to read as follows: |
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| 37 | 37 | | Sec. 250.003 [201.671]. COORDINATION OF BROADBAND |
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| 38 | 38 | | INSTALLATION [DEFINITIONS]. (a) In this section [subchapter]: |
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| 39 | 39 | | (1) "Broadband" means a mass-market retail service by |
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| 40 | 40 | | wire or radio that provides the capability to transmit data to and |
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| 41 | 41 | | receive data from all or substantially all Internet endpoints, |
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| 42 | 42 | | including capabilities that are incidental to and enable the |
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| 43 | 43 | | operation of the service. The term includes a service that is |
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| 44 | 44 | | functionally equivalent to the service described by this |
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| 45 | 45 | | subdivision. |
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| 46 | 46 | | (2) "Broadband conduit" means a conduit, pipe, |
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| 47 | 47 | | innerduct, or microduct for fiber-optic or other cables that |
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| 48 | 48 | | supports broadband and wireless facilities for broadband. |
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| 49 | 49 | | (b) [Sec. 201.672. COORDINATION. (a)] The department |
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| 50 | 50 | | shall provide notice on the department's Internet website of |
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| 51 | 51 | | ongoing and planned highway construction projects for which the |
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| 52 | 52 | | department will provide voluntary joint trenching opportunities in |
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| 53 | 53 | | the state's right-of-way for broadband providers. A broadband |
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| 54 | 54 | | provider may collaborate with the department to deploy broadband |
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| 55 | 55 | | conduit or other broadband facilities in those rights-of-way. |
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| 56 | 56 | | (c) [(b)] The department shall give special consideration |
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| 57 | 57 | | to broadband deployment described by Subsection (b) [(a)] that is |
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| 58 | 58 | | likely to improve access to broadband by rural or underserved |
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| 59 | 59 | | communities. |
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| 60 | 60 | | (d) [(c)] To the extent practicable, the department shall |
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| 61 | 61 | | assist political subdivisions in taking advantage of voluntary |
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| 62 | 62 | | joint trenching opportunities. |
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| 63 | 63 | | (e) This section applies only to a highway construction |
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| 64 | 64 | | project to which Section 202.092(a) does not apply. |
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| 65 | 65 | | (f) [Sec. 201.673. REPORT.] Annually, the department shall |
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| 66 | 66 | | submit to the legislature a report that explains the actions taken |
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| 67 | 67 | | by the department in carrying out this subchapter and identifies |
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| 68 | 68 | | any costs or cost savings to the state and private entities |
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| 69 | 69 | | associated with voluntary joint trenching opportunities. |
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| 70 | 70 | | SECTION 3. The heading to Subchapter H-1, Chapter 201, |
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| 71 | 71 | | Transportation Code, is repealed. |
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| 72 | 72 | | SECTION 4. The change in law made by this Act applies only |
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| 73 | 73 | | to a road construction or reconstruction project initiated on or |
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| 74 | 74 | | after the effective date of this Act. A road construction or |
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| 75 | 75 | | reconstruction project initiated before the effective date of this |
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| 76 | 76 | | Act is governed by the law in effect on the date the project was |
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| 77 | 77 | | initiated, and the former law is continued in effect for that |
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| 78 | 78 | | purpose. |
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| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2025. |
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