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Texas Laws | Utility Code
UTILITIES CODE
TITLE 2. PUBLIC UTILITY REGULATORY ACT

Sec. 66.013. MUNICIPAL AUTHORITY. (7974)(Text)

In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to: (7975)

(1) a requirement that the holder of a state-issued certificate of franchise authority who is providing cable service or video service within the municipality register with the municipality and maintain a point of contact; (7976)

(2) the establishment of reasonable guidelines regarding the use of public, educational, and governmental access channels; and (7977)

(3) submitting reports within 30 days on the customer service standards referenced in Section 66.008 if the provider is subject to those standards and has continued and unresolved customer service complaints indicating a clear failure on the part of the holder of a state-issued certificate of franchise authority to comply with the standards. (7978)

Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005. (7979)

Sec. 66.014. DISCRIMINATION PROHIBITED. (7980)(Text)

(a) The purpose of this section is to prevent discrimination among potential residential subscribers. (7981)

(b) A cable service provider or video service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (7982)

(c) An affected person may seek enforcement of the requirements described by Subsection (b) by initiating a proceeding with the commission. A municipality within which the potential residential cable service or video service subscribers referenced in Subsection (b) may be considered an affected person for purposes of this section. (7983)

(d) The holder of a state-issued certificate of franchise authority shall have a reasonable period of time to become capable of providing cable service or video service to all households within the designated franchise area as defined in Section 66.003(b)(4) and may satisfy the requirements of this section through the use of an alternative technology that provides comparable content, service, and functionality. (7984)

(e) Notwithstanding any provision of this chapter, the commission has the authority to make the determination regarding the comparability of the technology and the service provided. Notwithstanding any provision of this chapter, the commission has the authority to monitor the deployment of cable services, video services, or alternate technology. (7985)

Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005. (7986)

Sec. 66.015. COMPLIANCE. (7987)(Text)

(a) Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this chapter, the court shall order the holder a state-issued certificate of franchise authority, within a specified reasonable period of time, to cure such noncompliance. Failure to comply shall subject the holder of the state-issued franchise of franchise authority to penalties as the court shall reasonably impose, up to and including revocation of the state-issued certificate of franchise authority granted under this chapter. (7988)

(b) A municipality within which the provider offers cable service or video service shall be an appropriate party in any such litigation. (7989)

Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005. (7990)

Sec. 66.016. APPLICABILITY OF OTHER LAWS. (7991)(Text)

(a) Nothing in this chapter shall be interpreted to prevent a voice provider, cable service provider or video service provider, or municipality from seeking clarification of its rights and obligations under federal law or to exercise any right or authority under federal or state law. (7992)

(b) Nothing in this chapter shall limit the ability of a municipality under existing law to receive compensation for use of the public rights-of-way from entities determined not to be subject to all or part of this chapter, including but not limited to provider of Internet protocol cable or video services, unless such payments are expressly prohibited by federal law. (7993)

Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005. (7994)

TITLE 3. GAS REGULATION (7995)(Text)

SUBTITLE A. GAS UTILITY REGULATORY ACT (7996)(Text)

CHAPTER 101. GENERAL PROVISIONS AND OFFICE OF PUBLIC UTILITY COUNSEL (7997)(Text)
Sec. 101.001. SHORT TITLE. (7998)(Text)

This subtitle may be cited as the Gas Utility Regulatory Act. (7999)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8000)

Sec. 101.002. PURPOSE AND FINDINGS. (8001)(Text)

(a) This subtitle is enacted to protect the public interest inherent in the rates and services of gas utilities. The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for gas utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities. (8002)

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