Sec. 284.104. INSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS. (a) A network provider may not install a new node support pole in a public right-of-way without the municipality's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is:
(1) not more than 50 feet wide; and
(2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(b) In addition to the requirement prescribed by Subsection (a), a network provider installing a network node or node support pole in a public right-of-way described by Subsection (a) shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
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