Tex. Utils. Code Section 54.260
Property Owner’s Conditions

(a)

Notwithstanding Section 54.259 (Discrimination by Property Owner Prohibited), if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by the municipality and holds a certificate if required by this title, a public or private property owner may:

(1)

impose a condition on the utility that is reasonably necessary to protect:

(A)

the safety, security, appearance, and condition of the property; and

(B)

the safety and convenience of other persons;

(2)

impose a reasonable limitation on the time at which the utility may have access to the property to install a telecommunications service facility;

(3)

impose a reasonable limitation on the number of such utilities that have access to the owner’s property, if the owner can demonstrate a space constraint that requires the limitation;

(4)

require the utility to agree to indemnify the owner for damage caused installing, operating, or removing a facility;

(5)

require the tenant or the utility to bear the entire cost of installing, operating, or removing a facility; and

(6)

require the utility to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.

(b)

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 54.260 — Property Owner's Conditions, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­54.­htm#54.­260 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 54.260’s source at texas​.gov