Bill Text: TX HB63 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of certain school districts to lay in county rights-of-way fiber optic cable or other means of transmitting information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-30 - Left pending in committee [HB63 Detail]
Download: Texas-2011-HB63-Introduced.html
82R1458 JJT-F | ||
By: Martinez | H.B. No. 63 |
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relating to the authority of certain school districts to lay in | ||
county rights-of-way fiber optic cable or other means of | ||
transmitting information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.172 to read as follows: | ||
Sec. 11.172. USE OF COUNTY RIGHT-OF-WAY FOR MEANS OF | ||
TRANSMITTING INFORMATION. (a) This section applies only to a | ||
school district any part of which is located 60 miles or less from | ||
an international border. | ||
(b) A school district may place in any county right-of-way | ||
fiber optic cable or another means of transmitting information | ||
necessary or convenient for a facility of the district to receive | ||
telecommunications services or to communicate with other | ||
facilities of the district. | ||
(c) A school district, in placing fiber optic cable or | ||
another means of transmitting information under this section, to | ||
ensure that the district's cable or other means do not interfere | ||
with the property or facilities of the county or of a utility using | ||
the right-of-way, shall: | ||
(1) coordinate with the county in whose right-of-way | ||
the district intends to place the cable or other means; | ||
(2) notify each utility using the right-of-way; | ||
(3) comply with all safety codes and laws that apply to | ||
work performed along or near gas or electric utility facilities | ||
during all activities related to the placement, installation, and | ||
construction; | ||
(4) ensure that workers placing or installing fiber | ||
optic cable or other means of transmitting information observe | ||
proper standards for maintaining safe clearance from gas and | ||
electric utility facilities, including standards provided by: | ||
(A) the federal Occupational Safety and Health | ||
Administration; | ||
(B) Chapter 752, Health and Safety Code; | ||
(C) the National Electrical Code (NFPA 70) or | ||
similar publications; and | ||
(D) the National Electrical Safety Code or | ||
similar publications; and | ||
(5) comply with Chapter 251, Utilities Code, and other | ||
similar notification laws when working along or near gas and | ||
electric utility facilities, including by marking the school | ||
district's underground facilities in accordance with those laws. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |