Texas 2025 - 89th Regular

Texas Senate Bill SB2344 Compare Versions

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11 89R16324 CXP-F
22 By: Zaffirini S.B. No. 2344
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the placement of telephone corporation facilities in
1010 the right-of-way of certain county roads.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter E, Chapter 181, Utilities Code, is
1313 amended by adding Section 181.0821 to read as follows:
1414 Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) This
1515 section applies only to a county with a population of less than
1616 75,000 that is located in a standard metropolitan statistical area
1717 with a population of more than 1.5 million.
1818 (b) A telephone corporation may install a facility of the
1919 corporation in the right-of-way of a county road under Section
2020 181.082 only after the corporation submits to the county and the
2121 commissioners court of the county approves an application to use
2222 the right-of-way for the facility, according to procedures provided
2323 by an order adopted by the commissioners court of the county.
2424 (c) The procedures adopted by the commissioners court of the
2525 county:
2626 (1) may not include procedures or forms that are
2727 substantially different from the application procedures and forms
2828 used for locating other utility facilities in the right-of-way of a
2929 county road;
3030 (2) must provide that the county, not later than the
3131 10th business day after the date an application for use of the
3232 right-of-way is submitted, will provide notice to the telephone
3333 corporation that the application:
3434 (A) is approved as filed; or
3535 (B) must be modified to comply with location or
3636 construction schedule requirements to reduce conflicts with county
3737 road construction projects;
3838 (3) must allow for resubmission of an application for
3939 which a modification is requested under Subdivision (2)(B) not
4040 later than the 15th day after the date the corporation receives
4141 notice under that paragraph; and
4242 (4) must provide that an application resubmitted under
4343 Subdivision (3) is considered to be approved if the county does not
4444 deny the application before the sixth business day after the date
4545 the resubmitted application is submitted.
4646 (d) The commissioners court of the county may require a
4747 telephone corporation that has installed a facility in the
4848 right-of-way of a county road under Section 181.082 to relocate the
4949 facility at the corporation's expense to allow for the widening or
5050 other modification of a traffic lane.
5151 (e) To impose a requirement under Subsection (d), the
5252 commissioners court of the county must give the telephone
5353 corporation written notice of the requirement not later than the
5454 45th day before the date the relocation is to be made. The notice
5555 must identify the facility to be relocated and indicate the
5656 location in the right-of-way where the corporation may reinstall
5757 the facility.
5858 (f) The telephone corporation shall pay the cost of
5959 repairing a county road damaged by the relocation.
6060 SECTION 2. This Act takes effect September 1, 2025.