Texas Local Government Code 284.157 – Certain Work Exempted
(a) Notwithstanding any other provision of this chapter, a municipality may not require a network provider to submit an application, obtain a permit, or pay a rate for:
(1) routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(2) replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or
(3) the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code.
(b) For purposes of Subsection (a)(2):
(1) a network node or pole is considered to be “substantially similar” if:
(A) the new or upgraded network node, including the antenna or other equipment element, will not be more than 10 percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by Section 284.003; and
(B) the new or upgraded pole will not be more than 10 percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Section 284.103;
(2) the replacement or upgrade does not include replacement of an existing node support pole; and
(3) the replacement or upgrade does not defeat existing concealment elements of a node support pole.
Terms Used In Texas Local Government Code 284.157
- Fiduciary: A trustee, executor, or administrator.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
(c) The determination under Subsection (b)(1) of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the network node or node support pole as approved by the municipality.
(d) Notwithstanding Subsection (a):
(1) a municipality may require advance notice of work described by that subsection;
(2) a network provider may replace or upgrade a pole only with the approval of the pole’s owner; and
(3) the size limitations may not in any event exceed the parameters prescribed by Section 284.003 without the municipality’s approval in accordance with Section 284.109, with the municipality acting on behalf of this state as the fiduciary trustee of public property.