…“a county with a population of less than
75,000 that is located in a standard metropolitan statistical area
with a population of more than 1.5 million”
A two-part population bracket aims a Utilities Code section at a small set of fringe counties in large metro areas. The caption only says "certain county roads" and never says which counties.
Only small counties in metros over 1.5M. The caption just says “certain county roads.”
The bill lets certain counties require phone companies to apply and get commissioners court approval before putting equipment in county road right-of-way, with fixed deadlines for the county to approve or ask for changes. It applies only to counties under 75,000 people that sit inside a metro area of more than 1.5 million people. Those counties can also make phone companies move their equipment at company expense for road widening, with 45 days' written notice, and the company must pay to fix any road damage from the move.
Labels
Labels: GOT HALFWAY. Passed the Senate on May 13, 2025. Died in the House: never got out of the State Affairs committee.
relating to the placement of telephone corporation facilities in
the right-of-way of certain county roads.
WHAT IT DOES
Only small counties in metros over 1.5M. The caption just says “certain county roads.”
The bill lets certain counties require phone companies to apply and get commissioners court approval before putting equipment in county road right-of-way, with fixed deadlines for the county to approve or ask for changes. It applies only to counties under 75,000 people that sit inside a metro area of more than 1.5 million people. Those counties can also make phone companies move their equipment at company expense for road widening, with 45 days' written notice, and the company must pay to fix any road damage from the move.
…“a county with a population of less than
75,000 that is located in a standard metropolitan statistical area
with a population of more than 1.5 million”
A two-part population bracket aims a Utilities Code section at a small set of fringe counties in large metro areas. The caption only says "certain county roads" and never says which counties.
TOTAL
No fiscal implication to the State is anticipated.
Names were not printed. No individual positions are inferred.
Sources
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2344 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
Published stock of positions for this vote, except where marked derived.
Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed. No individual positions are inferred.
Sources
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2344 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0.
Published stock of positions for this vote, except where marked derived.
Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · State Affairs · Final status: Died in committee
Senate committee · Business & Commerce · Committee vote 11 aye, 0 nay · Out of committee
Subjects
County Government--Roads
Utilities--General
Utilities--Telecommunications
Text
The text as introduced · 464 words
89R16324 CXP-F
By: Zaffirini
S.B. No. 2344
A BILL TO BE ENTITLED
AN ACT
relating to the placement of telephone corporation facilities in
the right-of-way of certain county roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 181, Utilities Code, is
amended by adding Section 181.0821 to read as follows:
Sec. 181.0821. REGULATION BY CERTAIN COUNTIES. (a) This
section applies only to a county with a population of less than
75,000 that is located in a standard metropolitan statistical area
with a population of more than 1.5 million.
(b) A telephone corporation may install a facility of the
corporation in the right-of-way of a county road under Section
181.082 only after the corporation submits to the county and the
commissioners court of the county approves an application to use
the right-of-way for the facility, according to procedures provided
by an order adopted by the commissioners court of the county.
(c) The procedures adopted by the commissioners court of the
county:
(1) may not include procedures or forms that are
substantially different from the application procedures and forms
used for locating other utility facilities in the right-of-way of a
county road;
(2) must provide that the county, not later than the
10th business day after the date an application for use of the
right-of-way is submitted, will provide notice to the telephone
corporation that the application:
(A) is approved as filed; or
(B) must be modified to comply with location or
construction schedule requirements to reduce conflicts with county
road construction projects;
(3) must allow for resubmission of an application for
which a modification is requested under Subdivision (2)(B) not
later than the 15th day after the date the corporation receives
notice under that paragraph; and
(4) must provide that an application resubmitted under
Subdivision (3) is considered to be approved if the county does not
deny the application before the sixth business day after the date
the resubmitted application is submitted.
(d) The commissioners court of the county may require a
telephone corporation that has installed a facility in the
right-of-way of a county road under Section 181.082 to relocate the
facility at the corporation's expense to allow for the widening or
other modification of a traffic lane.
(e) To impose a requirement under Subsection (d), the
commissioners court of the county must give the telephone
corporation written notice of the requirement not later than the
45th day before the date the relocation is to be made. The notice
must identify the facility to be relocated and indicate the
location in the right-of-way where the corporation may reinstall
the facility.
(f) The telephone corporation shall pay the cost of
repairing a county road damaged by the relocation.
SECTION 2. This Act takes effect September 1, 2025.
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