2023 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 284.001. Findings and Policy

Sec. 284.001.  FINDINGS AND POLICY.  (a)  The legislature finds that:
(1)  network nodes are instrumental to increasing access to advanced technology and information for the citizens of this state and thereby further an important public policy of having reliable wireless networks and services;
(2)  this state has delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law;
(3)  network nodes often may be deployed most effectively in the public right-of-way;
(4)  network providers' access to the public right-of-way and the ability to attach network nodes to poles and structures in the public right-of-way allow network providers to densify their networks and provide next-generation services;
(5)  expeditious processes and reasonable and nondiscriminatory terms, conditions, and compensation for use of the public right-of-way for network node deployments are essential to state-of-the-art wireless services and thereby further an important public policy of having reliable wireless networks and services;
(6)  network nodes help ensure that this state remains competitive in the global economy;
(7)  the timely permitting of network nodes in the public right-of-way is a matter of statewide concern and interest;
(8)  requirements of this chapter regarding fees, charges, rates, and public right-of-way management, when considered with fees charged to other public right-of-way users under this code, are fair and reasonable and in compliance with 47 U.S.C. Section 253;
(9)  to the extent this state has delegated its fiduciary responsibility to municipalities as managers of a valuable public asset, the public right-of-way, this state is acting in its role as a landowner in balancing the needs of the public and the needs of the network providers by allowing access to the public right-of-way to place network nodes in the public right-of-way strictly within the terms of this chapter; and
(10)  as to each municipality, including home-rule municipalities, this state has determined that it is reasonable and necessary to allow access to the public right-of-way for the purposes of deploying network nodes to protect and safeguard the health, safety, and welfare of the public as provided by this chapter.
(b)  In order to safeguard the health, safety, and welfare of the public, it is the policy of this state to promote the adoption of and encourage competition in the provision of wireless services by reducing the barriers to entry for providers of services so that the number and types of services offered by providers continue to increase through competition.
(c)  It is the policy of this state, subject to state law and strictly within the requirements and limitations prescribed by this chapter, that municipalities:
(1)  retain the authority to manage the public right-of-way to ensure the health, safety, and welfare of the public; and
(2)  receive from network providers fair and reasonable compensation for use of the public right-of-way and for collocation on poles.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.