Tex. Local Gov't Code Section 283.001
State Policy; Purpose

(a)

It is the policy of this state to:

(1)

encourage competition in the provision of telecommunications services;

(2)

reduce the barriers to entry for providers of services so that the number and types of services offered by providers continue to increase through competition;

(3)

ensure that providers of telecommunications services do not obtain a competitive advantage or disadvantage in their ability to obtain use of a public right-of-way within a municipality; and

(4)

fairly reduce the uncertainty and litigation concerning franchise fees.

(b)

It is also the policy of this state that municipalities:

(1)

retain the authority to manage a public right-of-way within the municipality to ensure the health, safety, and welfare of the public; and

(2)

receive from certificated telecommunications providers fair and reasonable compensation for the use of a public right-of-way within the municipality.

(c)

The purpose of this chapter is to establish a uniform method for compensating municipalities for the use of a public right-of-way by certificated telecommunications providers that:

(1)

is administratively simple for municipalities and telecommunications providers;

(2)

is consistent with state and federal law;

(3)

is competitively neutral;

(4)

is nondiscriminatory;

(5)

is consistent with the burdens on municipalities created by the incursion of certificated telecommunications providers into a public right-of-way; and

(6)

provides fair and reasonable compensation for the use of a public right-of-way.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.

Source: Section 283.001 — State Policy; Purpose, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­283.­htm#283.­001 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 283.001’s source at texas​.gov