Tex. Utils. Code Section 54.259
Discrimination by Property Owner Prohibited

(a)

If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds a certificate if required by this title, a public or private property owner may not:

(1)

prevent the utility from installing on the owner’s property a telecommunications service facility a tenant requests;

(2)

interfere with the utility’s installation on the owner’s property of a telecommunications service facility a tenant requests;

(3)

discriminate against such a utility regarding installation, terms, or compensation of a telecommunications service facility to a tenant on the owner’s property;

(4)

demand or accept an unreasonable payment of any kind from a tenant or the utility for allowing the utility on or in the owner’s property; or

(5)

discriminate in favor of or against a tenant in any manner, including rental charge discrimination, because of the utility from which the tenant receives a telecommunications service.

(b)

Subsection (a) does not apply to an institution of higher education. In this subsection, “institution of higher education” means:

(1)

an institution of higher education as defined by Section 61.003 (Definitions), Education Code; or

(2)

a private or independent institution of higher education as defined by Section 61.003 (Definitions), Education Code.

(c)

Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 54.259 — Discrimination by Property Owner Prohibited, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­54.­htm#54.­259 (accessed Feb. 26, 2025).

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
Green check means up to date. Up to date

Accessed:
Feb. 26, 2025

§ 54.259’s source at texas​.gov