{"data":{"id":"us-tx/tex.-utilities-code-253.0103","jurisdiction":"us-tx","citation":"Tex. Utilities Code § 253.0103","heading":"NONDISCRIMINATORY ACCESS; MODIFICATION OR REPLACEMENT TO ACCOMMODATE ATTACHMENT.","body":"(a) Except as provided by this chapter, an electric cooperative shall provide a broadband provider with nondiscriminatory access to a pole that the cooperative owns or controls.\n(b) Except as provided by Subsection (c), an electric cooperative may deny a broadband provider access to a pole:\n(1) if there is insufficient capacity; or\n(2) for reasons of safety, reliability, and generally applicable engineering purposes.\n(c) An electric cooperative may not deny a broadband provider access to a pole if the basis for denial may be remedied by rearranging facilities on the pole through reasonable make-ready activities.\n(d) Except as provided by Subsection (e), if a pole must be replaced to accommodate a new pole attachment applied for by a broadband provider:\n(1) the electric cooperative and broadband provider shall determine, through good faith negotiations, a reasonable date by which the pole replacement will occur; and\n(2) the broadband provider shall pay the actual costs of replacing the pole, including the cost to:\n(A) remove and dispose of the existing pole;\n(B) purchase and install a replacement pole; and\n(C) transfer any existing facilities to the new pole.\n(e) An electric cooperative is responsible for the costs of removing and replacing under Subsection (d) a pole:\n(1) with recorded conditions or defects that would reasonably be expected to endanger human life or property and which should be promptly corrected; or\n(2) that must be replaced for safety or reliability as a result of normal wear and tear or other natural causes and not on account of a pole attachment or the action of a broadband provider or third party.\nAdded by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.","path":["UTILITIES CODE","TITLE 5. PROVISIONS AFFECTING THE OPERATION OF UTILITY FACILITIES","CHAPTER 253. BROADBAND ATTACHMENTS TO ELECTRIC COOPERATIVE'S DISTRIBUTION POLES","SUBCHAPTER B. ACCESS TO POLES"],"source_url":"https://statutes.capitol.texas.gov/Docs/UT/htm/UT.253.htm#253.0103","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:45Z","sha256":"958fe07f971a864baae31af65ce4c73626cba873a81cc275b583ca62b856d606","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-utilities-code-253.0102","next":"us-tx/tex.-utilities-code-253.0201"},"notice":"GroundRules: Original legal text. Not legal advice."}