1 | 1 | | 89R16324 CXP-F |
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2 | 2 | | By: Zaffirini S.B. No. 2344 |
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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 placement of telephone corporation facilities in |
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10 | 10 | | the right-of-way of certain county roads. |
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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. Subchapter E, Chapter 181, Utilities Code, is |
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13 | 13 | | amended by adding Section 181.0821 to read as follows: |
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14 | 14 | | Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) This |
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15 | 15 | | section applies only to a county with a population of less than |
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16 | 16 | | 75,000 that is located in a standard metropolitan statistical area |
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17 | 17 | | with a population of more than 1.5 million. |
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18 | 18 | | (b) A telephone corporation may install a facility of the |
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19 | 19 | | corporation in the right-of-way of a county road under Section |
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20 | 20 | | 181.082 only after the corporation submits to the county and the |
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21 | 21 | | commissioners court of the county approves an application to use |
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22 | 22 | | the right-of-way for the facility, according to procedures provided |
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23 | 23 | | by an order adopted by the commissioners court of the county. |
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24 | 24 | | (c) The procedures adopted by the commissioners court of the |
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25 | 25 | | county: |
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26 | 26 | | (1) may not include procedures or forms that are |
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27 | 27 | | substantially different from the application procedures and forms |
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28 | 28 | | used for locating other utility facilities in the right-of-way of a |
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29 | 29 | | county road; |
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30 | 30 | | (2) must provide that the county, not later than the |
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31 | 31 | | 10th business day after the date an application for use of the |
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32 | 32 | | right-of-way is submitted, will provide notice to the telephone |
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33 | 33 | | corporation that the application: |
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34 | 34 | | (A) is approved as filed; or |
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35 | 35 | | (B) must be modified to comply with location or |
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36 | 36 | | construction schedule requirements to reduce conflicts with county |
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37 | 37 | | road construction projects; |
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38 | 38 | | (3) must allow for resubmission of an application for |
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39 | 39 | | which a modification is requested under Subdivision (2)(B) not |
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40 | 40 | | later than the 15th day after the date the corporation receives |
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41 | 41 | | notice under that paragraph; and |
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42 | 42 | | (4) must provide that an application resubmitted under |
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43 | 43 | | Subdivision (3) is considered to be approved if the county does not |
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44 | 44 | | deny the application before the sixth business day after the date |
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45 | 45 | | the resubmitted application is submitted. |
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46 | 46 | | (d) The commissioners court of the county may require a |
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47 | 47 | | telephone corporation that has installed a facility in the |
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48 | 48 | | right-of-way of a county road under Section 181.082 to relocate the |
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49 | 49 | | facility at the corporation's expense to allow for the widening or |
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50 | 50 | | other modification of a traffic lane. |
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51 | 51 | | (e) To impose a requirement under Subsection (d), the |
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52 | 52 | | commissioners court of the county must give the telephone |
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53 | 53 | | corporation written notice of the requirement not later than the |
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54 | 54 | | 45th day before the date the relocation is to be made. The notice |
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55 | 55 | | must identify the facility to be relocated and indicate the |
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56 | 56 | | location in the right-of-way where the corporation may reinstall |
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57 | 57 | | the facility. |
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58 | 58 | | (f) The telephone corporation shall pay the cost of |
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59 | 59 | | repairing a county road damaged by the relocation. |
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60 | 60 | | SECTION 2. This Act takes effect September 1, 2025. |
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