Bill Text: TX SB14 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to broadband service or facilities provided by an electric cooperative.

Spectrum: Moderate Partisan Bill (Republican 35-9)

Status: (Passed) 2019-06-07 - Effective immediately [SB14 Detail]

Download: Texas-2019-SB14-Engrossed.html
 
 
  By: Nichols, et al. S.B. No. 14
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to broadband service or facilities provided by an electric
  cooperative.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Subchapter C, Chapter 181, Utilities Code, is
  amended by adding Section 181.048 to read as follows:
         Sec. 181.048.  ELECTRIC COOPERATIVE BROADBAND FACILITIES.
  (a)  In this section:
               (1)  "Broadband service" means Internet service with
  the capability of providing:
                     (A)  a download speed of 25 megabits per second or
  faster; and
                     (B)  an upload speed of three megabits per second
  or faster.
               (2)  "Electric cooperative" means an electric
  cooperative organized under Chapter 161 or a predecessor statute to
  Chapter 161.
         (b)  An electric cooperative or an electric cooperative
  affiliate may construct, operate, and maintain fiber optic cables
  and other facilities for providing broadband service over, under,
  across, on, or along real property, personal property,
  rights-of-way, easements, and licenses and other property rights
  owned, held, or used by the cooperative.  An easement or other
  property right owned, held, or used by the electric cooperative to
  provide electricity or other services may also be used to provide
  broadband service.
         (c)  The rates, terms, and conditions applicable to an
  electric cooperative or an electric cooperative affiliate for
  attaching broadband facilities on the electric cooperative's poles
  must be comparable to the rates, terms, and conditions the electric
  cooperative applies to other broadband service providers for
  attaching broadband facilities to the electric cooperative's
  poles.  This subsection does not limit or restrict an electric
  cooperative or electric cooperative affiliate from installing
  fiber optic cables in the supply space of the electric
  cooperative's poles.
         (d)  An electric cooperative or electric cooperative
  affiliate that provides broadband service shall maintain separate
  books and records of broadband service operations and the broadband
  service operations of any subsidiary and shall ensure that the
  rates charged for provision of electric service do not include any
  broadband service costs or any other costs not related to the
  provision of electric service.
         (e)  Subject to Subsection (f), not later than the 60th day
  before the date the electric cooperative or electric cooperative
  affiliate begins construction in an easement or other property
  right that existed before that date of fiber optic cables and other
  facilities for providing broadband service, the electric
  cooperative or affiliate must provide written notice to the owners
  of property in which the easement or property right is located of
  the intent to use the easement or other property right for broadband
  service.  The electric cooperative or electric cooperative
  affiliate shall send the notice by first class mail to the last
  known address of each person in whose name the property is listed on
  the most recent tax roll of each county authorized to levy property
  taxes against the property.  The notice must state whether any new
  fiber optic cables used for broadband service will be located above
  or below ground in the easement or other property right.  Not later
  than the 60th day after the date notice is mailed by the electric
  cooperative or electric cooperative affiliate, a property owner
  entitled to notice under this subsection may submit to the
  cooperative or affiliate a written protest of the intended use of
  the easement or other property right for broadband service.  If an
  electric cooperative or electric cooperative affiliate receives a
  timely written protest under this subsection, the electric
  cooperative or electric cooperative affiliate may not use the
  easement or other property right for broadband service unless the
  protestor later agrees in writing to that use or that use is
  authorized by law.
         (f)  Subsection (e) does not apply to an electric
  cooperative's or an electric cooperative affiliate's use of an
  easement or other property right that includes an authorization for
  the use of the easement or property right for the provision of
  broadband service or similar communications service.
         (g)  This section may not be construed to:
               (1)  conflict with or limit the provisions of Chapter
  43; or
               (2)  limit or prohibit an electric cooperative's use of
  the cooperative's fiber optic cables or other facilities to operate
  and maintain the cooperative's electric transmission or
  distribution system or to provide electric service.
         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, 2019.
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