Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY. (a) Except as specifically provided by this chapter, and subject to the requirements of this chapter and the approval of a permit application, if required, a network provider is authorized, as a permitted use, without need for a special use permit or similar zoning review and not subject to further land use approval, to do the following in the public right-of-way:
(1) construct, modify, maintain, operate, relocate, and remove a network node or node support pole;
(2) modify or replace a utility pole or node support pole; and
(3) collocate on a pole, subject to an agreement with the municipality that does not conflict with this chapter.
(b) A network provider taking an action authorized by Subsection (a) is subject to applicable codes, including applicable public right-of-way management ordinances.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 9 - Public Buildings and Grounds
Subtitle A - Municipal Public Buildings and Grounds
Chapter 284 - Deployment of Network Nodes in Public Right-of-Way
Subchapter C. Access and Approvals
Section 284.101. Right of Access to Public Right-of-Way
Section 284.102. General Construction and Maintenance Requirements
Section 284.103. General Limitation on Placement of Poles
Section 284.104. Installation in Municipal Parks and Residential Areas
Section 284.105. Installation in Historic or Design Districts
Section 284.106. Equipment Cabinets
Section 284.107. Compliance With Undergrounding Requirement