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Texas Utilities Code - Section 54.260. Property Owner's Conditions

Legal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Section 54.260. Property Owner's Conditions

§ 54.260. PROPERTY OWNER'S CONDITIONS.  (a) 
Notwithstanding Section 54.259, if a telecommunications utility 
holds a municipal consent, franchise, or permit as determined to be 
the appropriate grant of authority by the municipality and holds a 
certificate if required by this title, a public or private property 
owner may:
		(1)  impose a condition on the utility that is 
reasonably necessary to protect:
			(A)  the safety, security, appearance, and 
condition of the property;  and 
			(B)  the safety and convenience of other persons;                            
		(2)  impose a reasonable limitation on the time at 
which the utility may have access to the property to install a 
telecommunications service facility;
		(3)  impose a reasonable limitation on the number of 
such utilities that have access to the owner's property, if the 
owner can demonstrate a space constraint that requires the 
limitation;
		(4)  require the utility to agree to indemnify the 
owner for damage caused installing, operating, or removing a 
facility;
		(5)  require the tenant or the utility to bear the 
entire cost of installing, operating, or removing a facility;  and
		(6)  require the utility to pay compensation that is 
reasonable and nondiscriminatory among such telecommunications 
utilities.
	(b)  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