bill makes TxDOT lay conduit under new highways

The text as introduced · 606 words

89R750 CXP-F

By: Guillen
H.B. No. 1241

A BILL TO BE ENTITLED

AN ACT

relating to the installation of conduit by the Texas Department of

Transportation in the state highway system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 202.092, Transportation Code, is amended

to read as follows:

Sec. 202.092. INSTALLATION AND USE OF DEPARTMENT

FACILITIES. (a) For each road construction or reconstruction

project in a part of the state highway system in which

telecommunications conduit has not been installed under the

improved portion of the highway, the department shall:

(1) provide for the installation of

telecommunications conduit as part of the project at intervals not

to exceed:

(A) one mile in an unincorporated area; and

(B) 500 feet in an incorporated area; and

(2) ensure that access points to the conduit are

provided at each interval described by Subdivision (1) to

facilitate use by a telecommunications provider.

(b) Notwithstanding any other law, a telecommunications

provider may not place or maintain its facilities or otherwise use

improvements, including structures, medians, conduits, or

telecommunications equipment or lines, constructed or installed by

the state as components of the state highway system except by a

lease under Section 202.052 or an agreement under Section 202.093.

SECTION 2. Sections 201.671, 201.672, and 201.673,

Transportation Code, are transferred to Chapter 250,

Transportation Code, redesignated as Section 250.003,

Transportation Code, and amended to read as follows:

Sec. 250.003 [ 201.671 ]. COORDINATION OF BROADBAND

INSTALLATION [ DEFINITIONS ]. (a) In this section [ subchapter ]:

(1) "Broadband" means a mass-market retail service by

wire or radio that provides the capability to transmit data to and

receive data from all or substantially all Internet endpoints,

including capabilities that are incidental to and enable the

operation of the service. The term includes a service that is

functionally equivalent to the service described by this

subdivision.

(2) "Broadband conduit" means a conduit, pipe,

innerduct, or microduct for fiber-optic or other cables that

supports broadband and wireless facilities for broadband.

(b) [ Sec. 201.672. COORDINATION. (a) ] The department

shall provide notice on the department's Internet website of

ongoing and planned highway construction projects for which the

department will provide voluntary joint trenching opportunities in

the state's right-of-way for broadband providers. A broadband

provider may collaborate with the department to deploy broadband

conduit or other broadband facilities in those rights-of-way.

(c) [ (b) ] The department shall give special consideration

to broadband deployment described by Subsection (b) [ (a) ] that is

likely to improve access to broadband by rural or underserved

communities.

(d) [ (c) ] To the extent practicable, the department shall

assist political subdivisions in taking advantage of voluntary

joint trenching opportunities.

(e) This section applies only to a highway construction

project to which Section 202.092(a) does not apply.

(f) [ Sec. 201.673. REPORT. ] Annually, the department shall

submit to the legislature a report that explains the actions taken

by the department in carrying out this subchapter and identifies

any costs or cost savings to the state and private entities

associated with voluntary joint trenching opportunities.

SECTION 3. The heading to Subchapter H-1, Chapter 201,

Transportation Code, is repealed.

SECTION 4. The change in law made by this Act applies only

to a road construction or reconstruction project initiated on or

after the effective date of this Act. A road construction or

reconstruction project initiated before the effective date of this

Act is governed by the law in effect on the date the project was

initiated, and the former law is continued in effect for that

purpose.

SECTION 5. This Act takes effect September 1, 2025.