reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 283.002 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter A. General Provisions|Section 283.002. Definitions

Sec. 283.002.  DEFINITIONS.  In this chapter:(1)  "Access line":(A)  means, unless the commission adopts a different definition under Section 283.003, a unit of measurement representing:(i)  each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer's premises within the municipality, that allows the delivery of local exchange telephone services within a municipality, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale;(ii)  each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality;  or(iii)  each switched transmission path within a public right-of-way used to provide central office-based PBX-type services for systems of any number of stations within the municipality, and in that instance, one path shall be counted for every 10 stations served;  and(B)  may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer's premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service.(2)  "Certificated telecommunications provider" means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service.(3)  "Commission" means the Public Utility Commission of Texas.(4)  "Consumer price index" means the annual revised consumer price index for all urban consumers for Texas, as published by the Federal Bureau of Labor Statistics.(5)  "Local exchange telephone service" has the meaning assigned by Section 51.002, Utilities Code.(6)  "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.  The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.(7)  "Voice service" means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology.  The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d).|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 28, eff. September 7, 2005.|
TX Loc Govt Code § 283.003 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter A. General Provisions|Section 283.003. Commission Review

Sec. 283.003.  COMMISSION REVIEW.  (a)  Not later than September 1, 2002, the commission shall determine whether changes in technology, facilities, or competitive or market conditions justify a modification in the commission-established categories of access lines or, if necessary, the adoption of a definition of "access line" provided by this section.  The commission may not begin a review authorized by this section before March 1, 2002.(b)  As part of the proceeding described by Subsection (a), and as necessary after that proceeding, the commission by rule may modify the definition of "access line" and the categories of access lines as necessary to ensure competitive neutrality and nondiscriminatory application and to maintain consistent levels of compensation, as annually increased by growth in access lines and consumer price index, as applicable, to the municipalities.(c)  After September 1, 2002, the commission, on its own motion, shall make the determination required by this section at least once every three years.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.004 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter A. General Provisions|Section 283.004. Application

Sec. 283.004.  APPLICATION.  This chapter applies only to municipal regulations and fees imposed on and collected from certificated telecommunications providers.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.005 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter A. General Provisions|Section 283.005. Information

Sec. 283.005.  INFORMATION.  (a)  The commission may collect and compile any information from certificated telecommunications providers and municipalities as is necessary to implement this chapter.(b)  The commission shall maintain the confidentiality of the information described by Subsection (a) in accordance with Section 52.207, Utilities Code.(c)  Information provided to municipalities under this chapter shall be governed by confidentiality procedures established by the commission in compliance with Section 52.207, Utilities Code.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.006 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter A. General Provisions|Section 283.006. Fee Requirement for Use of Right-of-Way

Sec. 283.006.  FEE REQUIREMENT FOR USE OF RIGHT-OF-WAY.  (a)  Notwithstanding any other law, a certificated telecommunications provider that does not use a public right-of-way within the municipality may not be required to pay franchise fees, right-of-way fees or any other fee or other compensation, other than a fee or compensation excluded from the "base amount" under Section 283.053(a), directly to the municipality to provide local exchange telephone service in the municipality.(b)  This section does not affect the number of access lines counted and reported to the commission under Section 283.055.(c)  The commission shall adopt rules to determine the method of payment and to ensure that access line fees are paid on a competitively neutral and non-discriminatory basis by certificated telecommunications providers that provide more access lines than they purchase from an underlying provider of resold services or unbundled network elements.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.052 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter B. Right-of-Way Fees|Section 283.052. Effect of Payment of Right-of-Way Fees to Municipality

Sec. 283.052.  EFFECT OF PAYMENT OF RIGHT-OF-WAY FEES TO MUNICIPALITY.  (a)  Subject to the requirements of Sections 283.056 and 283.057, a certificated telecommunications provider that complies with this chapter and commission orders issued under this chapter:(1)  may erect poles or construct conduit, cable, switches, and related appurtenances and facilities and excavate within a public right-of-way to provide telecommunications service;  and(2)  is not subject to municipal franchise requirements.(b)  All use of a public right-of-way is nonexclusive and subject to Section 283.056.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.057 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter B. Right-of-Way Fees|Section 283.057. Indemnity

Sec. 283.057.  INDEMNITY.  (a)  Certificated telecommunications providers shall indemnify and hold the municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the certificated telecommunications provider, any agent, officer, director, representative, employee, affiliate, or subcontractor of the certificated telecommunications provider, or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way.  The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality, its officers, employees, contractors, or subcontractors.  If a certificated telecommunications provider and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law.  This section is solely for the benefit of the municipality and certificated telecommunications provider and does not create or grant any rights, contractual or otherwise, to any other person or entity.(b)  A certificated telecommunications provider or municipality shall promptly advise the other in writing of any known claim or demand against the certificated telecommunications provider or the municipality related to or arising out of the certificated telecommunications provider's activities in a public right-of-way.(c)  Municipalities with franchise agreements or ordinances applicable to certificated telecommunications providers in effect under a general-use ordinance adopted before January 12, 1999, and after July 1, 1998, and having 1.3 million access lines or more within the municipality on September 1, 1999, may continue to enforce the indemnity provision contained in those franchise agreements or ordinances until the earlier of the date the franchise agreements or ordinances expire or December 31, 2003.  A certificated telecommunications provider providing access lines in a municipality described by this subsection is also subject to the indemnity provided by this section.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 283.058 (2021)
2021 Texas Statutes|Local Government Code|Title 9 - Public Buildings and Grounds|Subtitle A - Municipal Public Buildings and Grounds|Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality|Subchapter B. Right-of-Way Fees|Section 283.058. Additional Commission Jurisdiction

Sec. 283.058.  ADDITIONAL COMMISSION JURISDICTION.  The commission shall have the jurisdiction over municipalities and certificated telecommunications providers necessary to enforce this chapter and to ensure that all other legal requirements are enforced in a competitively neutral, non-discriminatory, and reasonable manner.|Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 284.003 (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 A. General Provisions|Section 284.003. Limitation on Size of Network Nodes

Sec. 284.003.  LIMITATION ON SIZE OF NETWORK NODES.  (a)  Except as provided by Section 284.109, a network node to which this chapter applies must conform to the following conditions:(1)  each antenna that does not have exposed elements and is attached to an existing structure or pole:(A)  must be located inside an enclosure of not more than six cubic feet in volume;(B)  may not exceed a height of three feet above the existing structure or pole; and(C)  may not protrude from the outer circumference of the existing structure or pole by more than two feet;(2)  if an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements:(A)  must fit within an imaginary enclosure of not more than six cubic feet;(B)  may not exceed a height of three feet above the existing structure or pole; and(C)  may not protrude from the outer circumference of the existing structure or pole by more than two feet;(3)  the cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not:(A)  be more than 28 cubic feet in volume; or(B)  protrude from the outer circumference of the existing structure or pole by more than two feet;(4)  ground-based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches; and(5)  pole-mounted enclosures may not be taller than five feet.(b)  The following types of associated ancillary equipment are not included in the calculation of equipment volume under Subsection (a):(1)  electric meters;(2)  concealment elements;(3)  telecommunications demarcation boxes;(4)  grounding equipment;(5)  power transfer switches;(6)  cut-off switches; and(7)  vertical cable runs for the connection of power and other services.(c)  Equipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet.(d)  Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.051 (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 B. Use of Public Right-of-Way|Section 284.051. Applicability of Subchapter

Sec. 284.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to activities related to transport facilities for network nodes, activities of a network provider collocating network nodes in the public right-of-way or installing, constructing, operating, modifying, replacing, and maintaining node support poles in a public right-of-way, and municipal authority in relation to those activities.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.052 (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 B. Use of Public Right-of-Way|Section 284.052. Exclusive Use Prohibited

Sec. 284.052.  EXCLUSIVE USE PROHIBITED.  A municipality may not enter into an exclusive arrangement with any person for use of the public right-of-way for the construction, operation, marketing, or maintenance 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 § 284.053 (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 B. Use of Public Right-of-Way|Section 284.053. Annual Public Right-of-Way Rate

Sec. 284.053.  ANNUAL PUBLIC RIGHT-OF-WAY RATE.  (a)  A public right-of-way rate for use of the public right-of-way may not exceed an annual amount equal to $250 multiplied by the number of network nodes installed in the public right-of-way in the municipality's corporate boundaries.(b)  At the municipality's discretion, the municipality may charge a network provider a lower rate or fee if the lower rate or fee is:(1)  nondiscriminatory;(2)  related to the use of the public right-of-way; and(3)  not a prohibited gift 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 § 284.054 (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 B. Use of Public Right-of-Way|Section 284.054. Public Right-of-Way Rate Adjustment

Sec. 284.054.  PUBLIC RIGHT-OF-WAY RATE ADJUSTMENT.  (a)  In this section, "consumer price index" means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics.(b)  A municipality may adjust the amount of the public right-of-way rate not more often than annually by an amount equal to one-half the annual change, if any, in the consumer price index.  The municipality shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the municipality on or after the 60th day following that notice.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.055 (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 B. Use of Public Right-of-Way|Section 284.055. Use of Public Right-of-Way and Applicable Rate

Sec. 284.055.  USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE RATE.  (a)  A network provider that wants to connect a network node to the network using the public right-of-way may:(1)  install its own transport facilities subject to Subsection (b); or(2)  obtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28 per node per month.(b)  A network provider may not install its own transport facilities unless the provider:(1)  has a permit to use the public right-of-way; and(2)  pays to the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of municipal fees to the municipality exceeds its monthly aggregate per-node compensation to the municipality.(c)  A public right-of-way rate required by Subsection (b) is in addition to any public right-of-way rate required by Section 284.053.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.056 (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 B. Use of Public Right-of-Way|Section 284.056. Collocation of Network Nodes on Service Poles

Sec. 284.056.  COLLOCATION OF NETWORK NODES ON SERVICE POLES.  A municipality, subject to an agreement with the municipality that does not conflict with this chapter, shall allow collocation of network nodes on service poles on nondiscriminatory terms and conditions and at a rate not greater than $20 per year per service pole.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.057 (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 B. Use of Public Right-of-Way|Section 284.057. Prohibition on Other Compensation

Sec. 284.057.  PROHIBITION ON OTHER COMPENSATION.  A municipality may not require a network provider to pay any compensation other than the compensation authorized by this chapter for the right to use a public right-of-way for network nodes, node support poles, or transport facilities for 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 § 284.101 (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 284.101. Right of Access to Public Right-of-Way

Sec. 284.101.  RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY.  (a)  Except as specifically provided by this chapter, and subject to the requirements of this chapter and the approval of a permit application, if required, a network provider is authorized, as a permitted use, without need for a special use permit or similar zoning review and not subject to further land use approval, to do the following in the public right-of-way:(1)  construct, modify, maintain, operate, relocate, and remove a network node or node support pole;(2)  modify or replace a utility pole or node support pole; and(3)  collocate on a pole, subject to an agreement with the municipality that does not conflict with this chapter.(b)  A network provider taking an action authorized by Subsection (a) is subject to applicable codes, including applicable public right-of-way management ordinances.|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 284.102 (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 284.102. General Construction and Maintenance Requirements

Sec. 284.102.  GENERAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS.  A network provider shall construct and maintain network nodes and node support poles described by Section 284.101 in a manner that does not:(1)  obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;(2)  obstruct the legal use of a public right-of-way by other utility providers;(3)  violate nondiscriminatory applicable codes;(4)  violate or conflict with the municipality's publicly disclosed public right-of-way design specifications; or(5)  violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).|Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.|