89R16324 CXP-F
By: Zaffirini S.B. No. 2344
A BILL TO BE ENTITLED
AN ACT
relating to the placement of telephone corporation facilities in
the right-of-way of certain county roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 181, Utilities Code, is
amended by adding Section 181.0821 to read as follows:
Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) This
section applies only to a county with a population of less than
75,000 that is located in a standard metropolitan statistical area
with a population of more than 1.5 million.
(b) A telephone corporation may install a facility of the
corporation in the right-of-way of a county road under Section
181.082 only after the corporation submits to the county and the
commissioners court of the county approves an application to use
the right-of-way for the facility, according to procedures provided
by an order adopted by the commissioners court of the county.
(c) The procedures adopted by the commissioners court of the
county:
(1) may not include procedures or forms that are
substantially different from the application procedures and forms
used for locating other utility facilities in the right-of-way of a
county road;
(2) must provide that the county, not later than the
10th business day after the date an application for use of the
right-of-way is submitted, will provide notice to the telephone
corporation that the application:
(A) is approved as filed; or
(B) must be modified to comply with location or
construction schedule requirements to reduce conflicts with county
road construction projects;
(3) must allow for resubmission of an application for
which a modification is requested under Subdivision (2)(B) not
later than the 15th day after the date the corporation receives
notice under that paragraph; and
(4) must provide that an application resubmitted under
Subdivision (3) is considered to be approved if the county does not
deny the application before the sixth business day after the date
the resubmitted application is submitted.
(d) The commissioners court of the county may require a
telephone corporation that has installed a facility in the
right-of-way of a county road under Section 181.082 to relocate the
facility at the corporation's expense to allow for the widening or
other modification of a traffic lane.
(e) To impose a requirement under Subsection (d), the
commissioners court of the county must give the telephone
corporation written notice of the requirement not later than the
45th day before the date the relocation is to be made. The notice
must identify the facility to be relocated and indicate the
location in the right-of-way where the corporation may reinstall
the facility.
(f) The telephone corporation shall pay the cost of
repairing a county road damaged by the relocation.
SECTION 2. This Act takes effect September 1, 2025.