Tex. Util. Code § 54.259 · Subchapter F. REGULATION OF SERVICES, AREAS, AND FACILITIES
DISCRIMINATION BY PROPERTY OWNER PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds a certificate if required by this title, a public or private property owner may not:
(1) prevent the utility from installing on the owner's property a telecommunications service facility a tenant requests;
(2) interfere with the utility's installation on the owner's property of a telecommunications service facility a tenant requests;
(3) discriminate against such a utility regarding installation, terms, or compensation of a telecommunications service facility to a tenant on the owner's property;
(4) demand or accept an unreasonable payment of any kind from a tenant or the utility for allowing the utility on or in the owner's property; or
(5) discriminate in favor of or against a tenant in any manner, including rental charge discrimination, because of the utility from which the tenant receives a telecommunications service.
(b) Subsection (a) does not apply to an institution of higher education. In this subsection, "institution of higher education" means:
(1) an institution of higher education as defined by Section 61.003, Education Code; or
(2) a private or independent institution of higher education as defined by Section 61.003, Education Code.
(c) Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.54.htm
- Text hash
- sha256 2a78a6a77489b8e79b0e957ab7afa356b775982d1f70f5643caca33fd6a0cdec
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Util. Code § 54.259. Each shows the citation as that text prints it.
Utilities Code
- Tex. Util. Code § 54.260PROPERTY OWNER'S CONDITIONS.Printed as Section 54.259
- Tex. Util. Code § 54.261SHARED TENANT SERVICES CONTRACT.Printed as Sections 54.259 and 54.260
- Tex. Util. Code § 65.102REQUIREMENTS.Printed as Sections 54.001, 54.002, 54.003, 54.004, 54.005, 54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156, 54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.