Relating to the placement of telephone corporation facilities in the right-of-way of certain county roads.

89(R) SB 2344 - Engrossed version - Bill Text

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.