Texas 2025 - 89th Regular

Texas House Bill HB5604 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Anchía H.B. No. 5604
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the access by a certificated provider to the
7	9		rights-of-way and poles of an electric cooperative.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Title 5, Utilities Code, is amended by adding
10	12		Chapter 254 to read as follows:
11	13		CHAPTER 254. ACCESS BY CERTIFICATED PROVIDERS TO ELECTRIC
12	14		COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES
13	15		Sec. 254.001. DEFINITIONS. In this chapter:
14	16		(1) "Certificated provider" means a person who:
15	17		(A) is a certificated telecommunications
16	18		provider, as defined by Section 283.002, Local Government Code; or
17	19		(B) is a holder of a state-issued certificate of
18	20		franchise authority issued under Chapter 66.
19	21		(2) "Make-ready cost" means the costs associated with
20	22		the modification or replacement of a utility pole, or of the lines
21	23		or equipment on the utility pole, necessary to accommodate
22	24		additional facilities.
23	25		(3) "Pole" means a pole carrying distribution lines
24	26		with a voltage rating no higher than 34.5 kilovolts.
25	27		(4) "Pole attachment" means an affixture of cables,
26	28		strands, wires, and associated equipment attached to a pole
27	29		directly or indirectly or placed in a right-of-way owned or
28	30		controlled by an electric cooperative.
29	31		Sec. 254.002. NONDISCRIMINATORY ACCESS. (a) An electric
30	32		cooperative shall provide a certificated provider with
31	33		nondiscriminatory access regarding:
32	34		(1) the placement of a facility in the electric
33	35		cooperative's right-of-way, including a right-of-way secured from
34	36		a customer that is occupied by the cooperative;
35	37		(2) a pole attachment rate or term for a pole that the
36	38		electric cooperative owns or controls; or
37	39		(3) access to a building relating to Subdivision (1)
38	40		or (2).
39	41		(b) An electric cooperative may not charge a certificated
40	42		provider:
41	43		(1) a pole attachment rate that:
42	44		(A) exceeds the rate agreed to in a contract
43	45		between the cooperative and the provider; or
44	46		(B) exceeds the rate that the electric
45	47		cooperative may charge under Section 254.003; or
46	48		(2) any additional costs for evaluating the viability
47	49		or load of a pole or any make-ready or other costs that exceed the
48	50		costs that the electric cooperative may charge under Section
49	51		254.003.
50	52		Sec. 254.003. RATE AND FEE SETTING BY PUBLIC UTILITY
51	53		COMMISSION OF TEXAS. The Public Utility Commission of Texas shall
52	54		implement a schedule of pole attachment rates, costs, and fees,
53	55		that an electric cooperative may charge a certificated provider for
54	56		attachments to a pole that the electric cooperative owns or
55	57		controls. A pole attachment rate, cost, or fee subject to this
56	58		section may not exceed a pole attachment rate, cost, or fee the
57	59		electric cooperative would be permitted to charge under rules
58	60		adopted by the Federal Communications Commission under 47 U.S.C.
59	61		Section 224 if the electric cooperative's rates were regulated
60	62		under federal law and the rules of the Federal Communications
61	63		Commission.
62	64		Sec. 254.004. AUTHORITY OF PUBLIC UTILITY COMMISSION. (a)
63	65		Notwithstanding Section 41.004, the Public Utility Commission of
64	66		Texas:
65	67		(1) may open a contested case proceeding under Chapter
66	68		2001, Government Code, to determine whether a pole attachment rate,
67	69		cost, or fee complies with this chapter; and
68	70		(2) shall enforce this chapter and adopt rules
69	71		reasonably required for that purpose.
70	72		(b) For the purposes of enforcing this chapter, a reference
71	73		in Chapter 15 to a person includes an electric cooperative.
72	74		Sec. 254.005. CONFLICT WITH OTHER LAW. In the case of a
73	75		conflict between this chapter and other law, this chapter prevails.
74	76		SECTION 2. This Act takes effect September 1, 2025.