Tex. Local Gov't Code Section 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.

Source: Section 284.301 — Local Police-power-based Regulations, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.284.htm#284.301 (accessed Jun. 5, 2024).

284.001
Findings and Policy 284.002
Definitions 284.003
Limitation on Size of Network Nodes 284.051
Applicability of Subchapter 284.052
Exclusive Use Prohibited 284.053
Annual Public Right-of-way Rate 284.054
Public Right-of-way Rate Adjustment 284.055
Use of Public Right-of-way and Applicable Rate 284.056
Collocation of Network Nodes on Service Poles 284.057
Prohibition on Other Compensation 284.101
Right of Access to Public Right-of-way 284.102
General Construction and Maintenance Requirements 284.103
General Limitation on Placement of Poles 284.104
Installation in Municipal Parks and Residential Areas 284.105
Installation in Historic or Design Districts 284.106
Equipment Cabinets 284.107
Compliance with Undergrounding Requirement 284.108
Design Manual 284.109
Exceptions 284.110
Discrimination Prohibited 284.151
Prohibition of Certain Municipal Actions 284.152
Authority to Require Permit 284.153
General Process Relating to Permit Application 284.154
Municipal Review Process 284.155
Time of Installation 284.156
Application Fees 284.157
Certain Work Exempted 284.201
Use of Municipally Owned Utility Poles 284.251
Definitions 284.252
Effect on Investor-owned Electric Utilities, Electric Cooperatives, Telephone Cooperatives, and Telecommunications Providers 284.253
Effect on Providers of Cable Services or Video Services 284.301
Local Police-power-based Regulations 284.302
Indemnification 284.303
Relocation 284.304
Interference

Accessed:
Jun. 5, 2024

§ 284.301’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._local_gov't_code_section_284.301

Original Source: Section 284.301 — Local Police-power-based Regulations, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.284.htm#284.301 (last accessed Jun. 5, 2024).