HB1241 - Relating to the installation of conduit by the Texas Department of Transportation in the state highway system.

  89R750 CXP-F     By: Guillen H.B. No. 1241       A BILL TO BE ENTITLED   AN ACT   relating to the installation of conduit by the Texas Department of   Transportation in the state highway system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 202.092, Transportation Code, is amended   to read as follows:          Sec. 202.092.   INSTALLATION AND USE OF DEPARTMENT   FACILITIES. (a) For each road construction or reconstruction   project in a part of the state highway system in which   telecommunications conduit has not been installed under the   improved portion of the highway, the department shall:                 (1)     provide for the installation of   telecommunications conduit as part of the project at intervals not   to exceed:                       (A)  one mile in an unincorporated area; and                       (B)  500 feet in an incorporated area; and                 (2)     ensure that access points to the conduit are   provided at each interval described by Subdivision (1) to   facilitate use by a telecommunications provider.           (b)   Notwithstanding any other law, a telecommunications   provider may not place or maintain its facilities or otherwise use   improvements, including structures, medians, conduits, or   telecommunications equipment or lines, constructed or installed by   the state as components of the state highway system except by a   lease under Section 202.052 or an agreement under Section 202.093.          SECTION 2.  Sections 201.671, 201.672, and 201.673,   Transportation Code, are transferred to Chapter 250,   Transportation Code, redesignated as Section 250.003,   Transportation Code, and amended to read as follows:          Sec.  250.003  [ 201.671 ].   COORDINATION OF BROADBAND   INSTALLATION [ DEFINITIONS ]. (a)  In this section [ subchapter ]:                (1)  "Broadband" means a mass-market retail service by   wire or radio that provides the capability to transmit data to and   receive data from all or substantially all Internet endpoints,   including capabilities that are incidental to and enable the   operation of the service. The term includes a service that is   functionally equivalent to the service described by this   subdivision.                (2)  "Broadband conduit" means a conduit, pipe,   innerduct, or microduct for fiber-optic or other cables that   supports broadband and wireless facilities for broadband.           (b)   [ Sec. 201.672. COORDINATION. (a) ] The department   shall provide notice on the department's Internet website of   ongoing and planned highway construction projects for which the   department will provide voluntary joint trenching opportunities in   the state's right-of-way for broadband providers. A broadband   provider may collaborate with the department to deploy broadband   conduit or other broadband facilities in those rights-of-way.           (c)  [ (b) ]  The department shall give special consideration   to broadband deployment described by Subsection (b) [ (a) ] that is   likely to improve access to broadband by rural or underserved   communities.           (d)  [ (c) ]  To the extent practicable, the department shall   assist political subdivisions in taking advantage of voluntary   joint trenching opportunities.           (e)     This section applies only to a highway construction   project to which Section 202.092(a) does not apply.           (f)   [ Sec. 201.673. REPORT. ] Annually, the department shall   submit to the legislature a report that explains the actions taken   by the department in carrying out this subchapter and identifies   any costs or cost savings to the state and private entities   associated with voluntary joint trenching opportunities.          SECTION 3.  The heading to Subchapter H-1, Chapter 201,   Transportation Code, is repealed.          SECTION 4.  The change in law made by this Act applies only   to a road construction or reconstruction project initiated on or   after the effective date of this Act. A road construction or   reconstruction project initiated before the effective date of this   Act is governed by the law in effect on the date the project was   initiated, and the former law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect September 1, 2025.