Court Opinions

State Laws

US Code

US Constitution

Texas Utilities Code - Section 54.259. Discrimination By Property Owner Prohibited

Legal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Section 54.259. Discrimination By Property Owner Prohibited

§ 54.259. DISCRIMINATION BY PROPERTY OWNER 
PROHIBITED.  (a) If a telecommunications utility holds a consent, 
franchise, or permit as determined to be the appropriate grants of 
authority by the municipality and holds a certificate if required 
by this title, a public or private property owner may not:
		(1)  prevent the utility from installing on the owner's 
property a telecommunications service facility a tenant requests;
		(2)  interfere with the utility's installation on the 
owner's property of a telecommunications service facility a tenant 
requests;
		(3)  discriminate against such a utility regarding 
installation, terms, or compensation of a telecommunications 
service facility to a tenant on the owner's property;
		(4)  demand or accept an unreasonable payment of any 
kind from a tenant or the utility for allowing the utility on or in 
the owner's property;  or
		(5)  discriminate in favor of or against a tenant in any 
manner, including rental charge discrimination, because of the 
utility from which the tenant receives a telecommunications 
service.
	(b)  Subsection (a) does not apply to an institution of 
higher education.  In this subsection, "institution of higher 
education" means:
		(1)  an institution of higher education as defined by 
Section 61.003, Education Code;  or
		(2)  a private or independent institution of higher 
education as defined by Section 61.003, Education Code.
	(c)  Notwithstanding any other law, the commission has the 
jurisdiction to enforce this section.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.                    

Last modified: August 10, 2007