Tex. Utils. Code Section 54.203
Service in Annexed or Incorporated Area


(a)

If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each telecommunications utility that holds or is entitled to hold a certificate under this title to provide service or operate a facility in the area before the inclusion has the right to continue to provide the service or operate the facility and extend service in the utility’s certificated area within the annexed or incorporated area under the rights granted by the certificate and this title.

(b)

Notwithstanding any other law, a certificated telecommunications utility has the right to:

(1)

continue and extend service within the utility’s certificated area; and

(2)

use roads, streets, highways, alleys, and public property to furnish retail utility service.

(c)

The governing body of a municipality may require a certificated telecommunications utility to relocate the utility’s facility at the utility’s expense to permit the widening or straightening of a street by:

(1)

giving the utility 30 days’ notice; and

(2)

specifying the new location for the facility along the right-of-way of the street.

(d)

This section does not limit the power of a city, town, or village to incorporate or of a municipality to extend its boundaries by annexation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 54.203 — Service in Annexed or Incorporated Area, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­54.­htm#54.­203 (accessed Jun. 5, 2024).

54.001
Certificate Required
54.002
Exceptions to Certificate Requirement for Service Extension
54.003
Exceptions to Certificate Requirement for Certain Services
54.004
Relinquishment Plan
54.005
Notice of and Hearing on Application
54.006
Request for Preliminary Order
54.007
Flexibility Plan
54.008
Revocation or Amendment of Certificate
54.051
Definition
54.052
Certificate Required for Public Utility
54.053
Application for Certificate
54.054
Grant or Denial of Certificate
54.101
Definition
54.102
Application for Certificate
54.103
Grant or Denial of Certificate
54.104
Time of Service Requirements
54.105
Penalty for Violation of Title
54.151
Definition
54.152
Limitation on Grant of Certificate
54.153
Eligibility for Certificate
54.154
Application for Certificate
54.155
Grant or Denial of Certificate
54.156
Resale of Services
54.157
Optional Extended Area Service or Expanded Local Calling Service
54.158
Interference with Resold Services Prohibited
54.159
Retention of Access Service and Intralata Toll Service
54.201
Certification Prohibited
54.202
Prohibited Municipal Services
54.203
Service in Annexed or Incorporated Area
54.204
Discrimination by Municipality Prohibited
54.205
Municipality’s Right to Control Access
54.206
Recovery of Municipal Fee
54.251
Provision of Service
54.252
Grounds for Reduction of Service by Holder of Certificate of Convenience and Necessity
54.253
Discontinuation of Service by Certain Certificate Holders
54.254
Required Refusal of Service
54.255
Transfer of Certain Certificates
54.256
Application of Contracts
54.257
Interference with Another Telecommunications Utility
54.258
Maps
54.259
Discrimination by Property Owner Prohibited
54.260
Property Owner’s Conditions
54.261
Shared Tenant Services Contract
54.301
Definitions
54.302
Provider of Last Resort
54.303
Successor Telecommunications Utility When No Sufficient Facilities Exist
54.304
Abandonment or Cessation by Facilities-based Provider
54.305
Commission Participation in Bankruptcy Proceedings
54.2025
Lease of Fiber Optic Cable Facilities
54.3015
Applicability of Subchapter

Accessed:
Jun. 5, 2024

§ 54.203’s source at texas​.gov