Sec. 284.107. COMPLIANCE WITH UNDERGROUNDING REQUIREMENT. (a) A network provider shall, in relation to installation for which the municipality approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval.
(b) A requirement or restriction described by Subsection (a) may not be interpreted to prohibit a network provider from replacing an existing structure.
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