reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 284.103 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.103. General Limitation on Placement of Poles

Sec. 284.103.  GENERAL LIMITATION ON PLACEMENT OF POLES.  A network provider shall ensure that each new, modified, or replacement utility pole or node support pole installed in a public right-of-way in relation to which the network provider received approval of a permit application does not exceed the lesser of:(1)  10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or(2)  55 feet above ground level.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.104 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.104. Installation in Municipal Parks and Residential Areas

Sec. 284.104.  INSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS.  (a)  A network provider may not install a new node support pole in a public right-of-way without the municipality's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is:(1)  not more than 50 feet wide; and(2)  adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.(b)  In addition to the requirement prescribed by Subsection (a), a network provider installing a network node or node support pole in a public right-of-way described by Subsection (a) shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.105 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.105. Installation in Historic or Design Districts

Sec. 284.105.  INSTALLATION IN HISTORIC OR DESIGN DISTRICTS.  (a)  A network provider must obtain advance approval from a municipality before collocating new network nodes or installing new node support poles in an area of the municipality zoned or otherwise designated as a historic district or as a design district if the district has decorative poles.  As a condition for approval of new network nodes or new node support poles in a historic district or a design district with decorative poles, a municipality may require reasonable design or concealment measures for the new network nodes or new node support poles.  A municipality may request that a network provider comply with the design and aesthetic standards of the historic or design district and explore the feasibility of using certain camouflage measures to improve the aesthetics of the new network nodes, new node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in a historic district or on a design district's decorative poles.(b)  This section may not be construed to limit a municipality's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.106 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.106. Equipment Cabinets

Sec. 284.106.  EQUIPMENT CABINETS.  A network provider shall ensure that the vertical height of an equipment cabinet installed as part of a network node does not exceed the height limitation prescribed by Section 284.003, subject to approval of the pole's owner if applicable.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.107 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.107. Compliance With Undergrounding Requirement

Sec. 284.107.  COMPLIANCE WITH UNDERGROUNDING REQUIREMENT.  (a)  A network provider shall, in relation to installation for which the municipality approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval.(b)  A requirement or restriction described by Subsection (a) may not be interpreted to prohibit a network provider from replacing an existing structure.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.108 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.108. Design Manual

Sec. 284.108.  DESIGN MANUAL.  (a)  A municipality may adopt a design manual for the installation and construction of network nodes and new node support poles in the public right-of-way that includes additional installation and construction details that do not conflict with this chapter.  The design manual may include:(1)  a requirement that an industry standard pole load analysis be completed and submitted to the municipality indicating that the service pole to which the network node is to be attached will safely support the load; and(2)  a requirement that network node equipment placed on new and existing poles be placed more than eight feet above ground level.(b)  A network provider shall comply with a design manual, if any, in place on the date a permit application is filed in relation to work for which the municipality approved the permit application.  A municipality's obligations under Section 284.154 may not be tolled or extended pending the adoption or modification of a design manual.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.109 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.109. Exceptions

Sec. 284.109.  EXCEPTIONS.  Subject to Subchapter D, a network provider may construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by this chapter only if the municipality approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations and applicable codes.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.110 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter C. Access and Approvals|Section 284.110. Discrimination Prohibited

Sec. 284.110.  DISCRIMINATION PROHIBITED.  A municipality, in the exercise of the municipality's administrative and regulatory authority related to the management of and access to the public right-of-way, must be competitively neutral with regard to other users of the public right-of-way.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.151 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.151. Prohibition of Certain Municipal Actions

Sec. 284.151.  PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.  (a)  Except as otherwise provided by this chapter, a municipality may not prohibit, regulate, or charge for the installation or collocation of network nodes in a public right-of-way.(b)  A municipality may not directly or indirectly require, as a condition for issuing a permit required under this chapter, that the applicant perform services unrelated to the installation or collocation for which the permit is sought, including in-kind contributions such as reserving fiber, conduit, or pole space for the municipality.(c)  A municipality may not institute a moratorium, in whole or in part, express or de facto, on:(1)  filing, receiving, or processing applications; or(2)  issuing permits or other approvals, if any, for the installation of network nodes or node support poles.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.152 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.152. Authority to Require Permit

Sec. 284.152.  AUTHORITY TO REQUIRE PERMIT.  (a)  Except as otherwise provided by this chapter, a municipality may require a network provider to obtain one or more permits to install a network node, node support pole, or transport facility in a public right-of-way if the permit:(1)  is of general applicability to users of the public right-of-way;(2)  does not apply exclusively to network nodes; and(3)  is processed on nondiscriminatory terms and conditions regardless of the type of entity submitting the application for the permit.(b)  A network provider that wants to install or collocate multiple network nodes inside the territorial jurisdiction of a single municipality is entitled to file a consolidated permit application with the municipality for not more than 30 network nodes and receive permits for the installation or collocation of those network nodes.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.153 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.153. General Process Relating to Permit Application

Sec. 284.153.  GENERAL PROCESS RELATING TO PERMIT APPLICATION.  (a)  Except as otherwise provided by this section, a municipality may not require an applicant to provide more information to obtain the permit than a telecommunications utility that is not a network provider is required to provide unless the information directly relates to the requirements of this chapter.(b)  As part of the standard form for a permit application, a municipality may require the applicant to include applicable construction and engineering drawings and information to confirm that the applicant will comply with the municipality's publicly disclosed public right-of-way design specifications and applicable codes.(c)  A municipality may require an applicant to provide:(1)  information reasonably related to the provider's use of the public right-of-way under this chapter to ensure compliance with this chapter;(2)  a certificate that the network node complies with applicable regulations of the Federal Communications Commission; and(3)  certification that the proposed network node will be placed into active commercial service by or for a network provider not later than the 60th day after the date the construction and final testing of the network node is completed.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.154 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.154. Municipal Review Process

Sec. 284.154.  MUNICIPAL REVIEW PROCESS.  (a)  A municipality shall process each permit application on a nondiscriminatory basis.(b)  Not later than the 30th day after the date the municipality receives an application for a permit for a network node or node support pole, or the 10th day after the date the municipality receives an application for a permit for a transport facility, the municipality shall determine whether the application is complete and notify the applicant of that determination.  If the municipality determines that the application is not complete, the municipality shall specifically identify the missing information.(c)  A municipality shall approve an application that does not require zoning or land use approval under this chapter unless the application or the corresponding work to be performed under the permit does not comply with the municipality's applicable codes or other municipal rules, regulations, or other law that is consistent with this chapter.(d)  A municipality must approve or deny an application for a node support pole not later than the 150th day after the date the municipality receives the complete application.  A municipality must approve or deny an application for a network node not later than the 60th day after the date the municipality receives the complete application.  A municipality must approve or deny an application for a transport facility not later than the 21st day after the date the municipality receives a complete application.  An application for a permit for a node support pole, network node, or transport facility shall be deemed approved if the application is not approved or denied on or before the applicable date for approval or denial prescribed by this subsection.(e)  A municipality that denies a complete application must document the basis for the denial, including the specific applicable code provisions or other municipal rules, regulations, or other law on which the denial was based.  The municipality shall send the documentation by electronic mail to the applicant on or before the date the municipality denies the application.(f)  Not later than the 30th day after the date the municipality denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the municipality.  Notwithstanding Subsection (d), the municipality shall approve or deny the revised completed application after a denial not later than the 90th day after the date the municipality receives the completed revised application.  The municipality's review of the revised application is limited to the deficiencies cited in the denial documentation.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.155 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.155. Time of Installation

Sec. 284.155.  TIME OF INSTALLATION.  (a)  A network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion.(b)  Notwithstanding Subsection (a), the municipality may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.156 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.156. Application Fees

Sec. 284.156.  APPLICATION FEES.  (a)  A municipality may charge an application fee for a permit only if the municipality requires the payment of the fee for similar types of commercial development inside the municipality's territorial jurisdiction other than a type for which application or permit fees are not allowed by law.(b)  The amount of an application fee charged by a municipality may not exceed the lesser of:(1)  the actual, direct, and reasonable costs the municipality determines are incurred in granting or processing an application that are reasonably related in time to the time the costs of granting or processing an application are incurred; or(2)  $500 per application covering up to five network nodes, $250 for each additional network node per application, and $1,000 per application for each pole.(c)  In determining for purposes of Subsection (b)(1) the amount of the actual, direct, and reasonable costs, the municipality may not:(1)  include costs incurred by the municipality in relation to third-party legal or engineering review of an application; or(2)  direct payments or reimbursement of third-party public right-of-way rates or fees charged on a contingency basis or under a result-based arrangement.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.157 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter D. Applications and Permits|Section 284.157. Certain Work Exempted

Sec. 284.157.   CERTAIN WORK EXEMPTED.  (a)  Notwithstanding any other provision of this chapter, a municipality may not require a network provider to submit an application, obtain a permit, or pay a rate for:(1)  routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;(2)  replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or(3)  the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code.(b)  For purposes of Subsection (a)(2):(1)  a network node or pole is considered to be "substantially similar" if:(A)  the new or upgraded network node, including the antenna or other equipment element, will not be more than 10 percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by Section 284.003; and(B)  the new or upgraded pole will not be more than 10 percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Section 284.103;(2)  the replacement or upgrade does not include replacement of an existing node support pole; and(3)  the replacement or upgrade does not defeat existing concealment elements of a node support pole.(c)  The determination under Subsection (b)(1) of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the network node or node support pole as approved by the municipality.(d)  Notwithstanding Subsection (a):(1)  a municipality may require advance notice of work described by that subsection;(2)  a network provider may replace or upgrade a pole only with the approval of the pole's owner; and(3)  the size limitations may not in any event exceed the parameters prescribed by Section 284.003 without the municipality's approval in accordance with Section 284.109, with the municipality acting on behalf of this state as the fiduciary trustee of public property.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.201 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter E. Access to Municipally Owned Utility Poles|Section 284.201. Use of Municipally Owned Utility Poles

Sec. 284.201.  USE OF MUNICIPALLY OWNED UTILITY POLES.  (a)  The governing body of a municipally owned utility shall allow collocation of network nodes on municipally owned utility poles on nondiscriminatory terms and conditions and pursuant to a negotiated pole attachment agreement, including any applicable permitting requirements of the municipally owned utility.(b)  The annual pole attachment rate for the collocation of a network node supported by or installed on a municipally owned utility pole shall be based on a pole attachment rate consistent with Section 54.204, Utilities Code, applied on a per-foot basis.(c)  The requirements of Subchapters B, C, and D applicable to the installation of a network node supported by or installed on a pole do not apply to a network node supported by or installed on a municipally owned utility pole. |Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.251 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter F. Effect on Other Utilities and Providers|Section 284.251. Definitions

Sec. 284.251.  DEFINITIONS.  In this subchapter:(1)  "Cable service" and "video service" have the meanings assigned by Section 66.002, Utilities Code.(2)  "Electric cooperative" has the meaning assigned by Section 11.003, Utilities Code.(3)  "Electric utility" has the meaning assigned by Section 31.002, Utilities Code.(4)  "Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code.(5)  "Telephone cooperative" has the meaning assigned by Section 162.003, Utilities Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.252 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 284 - Deployment of Network Nodes in Public Right-of-Way|Subchapter F. Effect on Other Utilities and Providers|Section 284.252. Effect on Investor-Owned Electric Utilities, Electric Cooperatives, Telephone Cooperatives, and Telecommunications Providers

Sec. 284.252.  EFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND TELECOMMUNICATIONS PROVIDERS.  Nothing in this chapter shall govern attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunications providers.  This chapter does not confer on municipalities any new authority over those utilities, cooperatives, or providers.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|