reglab/statecodes huggingface dataset:
2023 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.
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 284.003. 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 F. Effect on Other Utilities and Providers › Section 284.253. Effect on Providers of Cable Services or Video Services

Sec. 284.253.  EFFECT ON PROVIDERS OF CABLE SERVICES OR VIDEO SERVICES.  (a)  An approval for the installation, placement, maintenance, or operation of a network node or transport facility under this chapter may not be construed to confer authorization to provide:
(1)  cable service or video service without complying with all terms of Chapter 66, Utilities Code; or
(2)  information service as defined by 47 U.S.C. Section 153(24), or telecommunications service as defined by 47 U.S.C. Section 153(53), in the public right-of-way.
(b)  Except as provided by this chapter, a municipality may not adopt or enforce any regulations or requirements that would require a wireless service provider, or its affiliate, that holds a cable or video franchise under Chapter 66, Utilities Code, to obtain any additional authorization or to pay any fees based on the provider's provision of wireless service over its network nodes.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
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 G. General Conditions of Access › Section 284.301. Local Police-Power-Based Regulations

Sec. 284.301.  LOCAL POLICE-POWER-BASED REGULATIONS.  (a)  Subject to this chapter and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality's boundaries, including with respect to utility poles.
(b)  A municipality may exercise that authority to impose police-power-based regulations for the management of the public right-of-way that apply to all persons subject to the municipality.
(c)  A municipality may impose police-power-based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
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 G. General Conditions of Access › Section 284.302. Indemnification

Sec. 284.302.  INDEMNIFICATION.  The indemnification provisions of Sections 283.057(a) and (b) apply to a network provider accessing a public right-of-way under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
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 G. General Conditions of Access › Section 284.303. Relocation

Sec. 284.303.  RELOCATION.  Except as provided in existing state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
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 G. General Conditions of Access › Section 284.304. Interference

Sec. 284.304.  INTERFERENCE.  (a)  A network provider shall operate all network nodes in accordance with all applicable laws, including regulations adopted by the Federal Communications Commission.
(b)  A network provider shall ensure that the operation of a network node does not cause any harmful radio frequency interference to a Federal Communications Commission-authorized mobile telecommunications operation of the municipality operating at the time the network node was initially installed or constructed.  On written notice, a network provider shall take all steps reasonably necessary to remedy any harmful interference.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.001. Providing and Maintaining County Buildings

Sec. 291.001.  PROVIDING AND MAINTAINING COUNTY BUILDINGS.  The commissioners court of a county shall:
(1)  provide, as soon as practicable after a county seat is established or moved, a courthouse and offices for county officers at the county seat;
(2)  provide other necessary public buildings;  and
(3)  maintain the courthouse, offices, and other public buildings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.002. Offices at County Seat

Sec. 291.002.  OFFICES AT COUNTY SEAT.  The county judge, sheriff, clerks of the district and county courts, county treasurer, tax assessor-collector, county surveyor, and county attorney shall keep their offices at the county seat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.003. Control of Courthouse

Sec. 291.003.  CONTROL OF COURTHOUSE.  The county sheriff shall have charge and control of the county courthouse, subject to the regulations of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.004. Provision of Offices, Supplies, and Courtrooms to Certain Justices of the Peace

Sec. 291.004.  PROVISION OF OFFICES, SUPPLIES, AND COURTROOMS TO CERTAIN JUSTICES OF THE PEACE.  (a)  If requested by a justice of the peace of a county who handles an average of more than 50 cases a month during the 12 months preceding the date of the request, the commissioners court of the county shall furnish the justice of the peace with suitable office space and necessary telephones, equipment, and supplies.  The commissioners court shall furnish the items at the beginning of the first fiscal year after the date the request is made.  The items are in addition to the compensation and expenses provided for by Subchapter B, Chapter 152.
(b)  The commissioners court may also provide a suitable courtroom for each justice of the peace.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.005. Maintenance Employees in Counties With Population of More Than 500,000

Sec. 291.005.  MAINTENANCE EMPLOYEES IN COUNTIES WITH POPULATION OF MORE THAN 500,000.  (a)  The commissioners court of a county with a population of more than 500,000 shall direct and control the employees needed to repair, maintain, and operate the county's courthouses and criminal court buildings.
(b)  The commissioners court may designate a building superintendent to employ the personnel.  Employments are subject to approval by the commissioners court.  An employment must:
(1)  be in writing and signed by the employee;  and
(2)  state the nature of the duties to be performed, the period of employment, the hours to be worked, and the amount to be paid.
(c)  The employment of a person under this section ends January 1 of each year but may be renewed from year to year.  The commissioners court may discharge the employee at any time for cause.
(d)  The number of employees appointed under this section is subject to the approval of the county auditor.
(e)  Regardless of Subsections (a)-(d), the sheriff is responsible for employing and discharging, as provided by other law, the employees engaged in the operation of county jails.  The employees necessary for the proper conduct of the jails or the safekeeping of prisoners are under the exclusive direction and control of the sheriff.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.006. Private Business on Public Property

Sec. 291.006.  PRIVATE BUSINESS ON PUBLIC PROPERTY.  (a)  A county official or an agent, deputy, or employee of a county official may not operate a private business on public property unless the person:
(1)  keeps an accurate and detailed record of money that the person receives and disburses;
(2)  files with the county auditor or other county auditing authority, on or before January 1 of each year, a report of receipts and disbursements during the previous calendar year;  and
(3)  makes available to the county auditor all records of the receipts and disbursements.
(b)  An amount of money equal to the amount of receipts required to be reported plus any interest paid by a financial institution on deposits of this money, less the amount of disbursements required to be reported, shall be delivered to the county treasurer when the report required by Subsection (a) is filed or in installments at regular intervals during the year as may be prescribed by the county auditor or other county auditing authority.  This subsection does not apply to a person acting under or by virtue of a written contract with the county.
(c)  If a county official has not complied with this section by February 1 of each year, the county auditor shall notify the county or district attorney of the violation.  The county or district attorney shall, and any qualified voter of the county may, file a petition in a district court of the county for a writ of mandamus to compel compliance.
(d)  A person who violates this section or falsifies a record or report required by this section commits official misconduct and may be removed under Chapter 87.
(e)  This section does not apply to compensation that a justice of the peace or official court reporter receives for performing an act not required by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 291 - General Building Provisions Affecting Counties › Section 291.007. Nonbinding Referendum on County Property Matter

Sec. 291.007.  NONBINDING REFERENDUM ON COUNTY PROPERTY MATTER.  The commissioners court of a county with a population of less than 40,000 may order a nonbinding referendum in the county on any matter affecting county property.  The referendum must be held on an authorized uniform election date as provided by Chapter 41, Election Code.
Added by Acts 1993, 73rd Leg., ch. 368, Sec. 1, eff. Aug. 30, 1993.