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AN ACT
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relating to broadband service or facilities provided by an electric |
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cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 181, Utilities Code, is |
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amended by adding Section 181.048 to read as follows: |
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Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES. |
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(a) In this section: |
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(1) "Broadband service" means Internet service with |
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the capability of providing: |
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(A) a download speed of 25 megabits per second or |
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faster; and |
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(B) an upload speed of three megabits per second |
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or faster. |
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(2) "Electric cooperative" means an electric |
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cooperative organized under Chapter 161 or a predecessor statute to |
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Chapter 161. |
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(b) An electric cooperative or electric cooperative |
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affiliate may construct, operate, and maintain fiber optic cables |
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and other facilities for providing broadband service over, under, |
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across, on, or along real property, personal property, |
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rights-of-way, easements, and licenses and other property rights |
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owned, held, or used by the cooperative. An easement or other |
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property right owned, held, or used by the electric cooperative to |
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provide electricity or other services may also be used to provide |
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broadband service. |
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(c) The monetary rates applicable to an electric |
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cooperative or electric cooperative affiliate for attaching |
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broadband facilities on the electric cooperative's poles must be |
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just and reasonable and may not be less than the monetary rates the |
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electric cooperative charges to other broadband service providers |
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for attaching broadband facilities to the electric cooperative's |
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poles. The terms and conditions applicable to an electric |
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cooperative or electric cooperative affiliate for attaching |
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broadband facilities on the electric cooperative's poles must be |
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just and reasonable and be comparable to the terms and conditions |
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the electric cooperative applies to other broadband service |
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providers for attaching broadband facilities to the electric |
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cooperative's poles. This subsection does not limit or restrict an |
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electric cooperative or electric cooperative affiliate from |
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installing fiber optic cables in the supply space of the electric |
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cooperative's poles. |
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(d) An electric cooperative or electric cooperative |
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affiliate that provides broadband service shall maintain separate |
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books and records of broadband service operations and the broadband |
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service operations of any subsidiary and shall ensure that the |
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rates charged for provision of electric service do not include any |
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broadband service costs or any other costs not related to the |
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provision of electric service. |
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(e) Subject to Subsection (f), not later than the 60th day |
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before the date the electric cooperative or electric cooperative |
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affiliate begins construction in an easement or other property |
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right that existed before that date of fiber optic cables and other |
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facilities for providing broadband service, the electric |
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cooperative or electric cooperative affiliate must provide written |
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notice to the owners of property in which the easement or property |
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right is located of the intent to use the easement or other property |
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right for broadband service. The electric cooperative or electric |
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cooperative affiliate shall send the notice by first class mail to |
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the last known address of each person in whose name the property is |
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listed on the most recent tax roll of each county authorized to levy |
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property taxes against the property. The notice must state whether |
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any new fiber optic cables used for broadband service will be |
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located above or below ground in the easement or other property |
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right. Not later than the 60th day after the date notice is mailed |
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by the electric cooperative or electric cooperative affiliate, a |
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property owner entitled to notice under this subsection may submit |
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to the electric cooperative or electric cooperative affiliate a |
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written protest of the intended use of the easement or other |
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property right for broadband service. If an electric cooperative |
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or electric cooperative affiliate receives a timely written protest |
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under this subsection, the electric cooperative or electric |
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cooperative affiliate may not use the easement or other property |
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right for broadband service unless the protestor later agrees in |
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writing to that use or that use is authorized by law. |
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(f) Subsection (e) does not apply to an electric |
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cooperative's or electric cooperative affiliate's use of an |
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easement or other property right that includes an authorization for |
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the use of the easement or property right for the provision of |
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broadband service or similar communications service. |
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(g) This section may not be construed to: |
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(1) conflict with or limit the provisions of Chapter |
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43; or |
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(2) limit or prohibit an electric cooperative's use of |
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the electric cooperative's fiber optic cables or other facilities |
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to operate and maintain the electric cooperative's electric |
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transmission or distribution system or to provide electric service. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 14 passed the Senate on |
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April 4, 2019, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendments on May 21, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 14 passed the House, with |
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amendments, on May 14, 2019, by the following vote: Yeas 139, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |