HBA-JLV H.B. 2977 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2977
By: Dukes
Land & Resource Management
4/4/2001
Introduced

BACKGROUND AND PURPOSE 

Impervious ground cover regulations limit the percentage of property that
can be used for building or expanding.  Southwestern Bell (SWB) is mandated
by state law to serve customers in its certified area. SWB has seen
tremendous demand for services and increases in the average number of lines
per household.  The Federal Communications Commission has mandated that SWB
provide space in central offices for competitors to collocate for
interconnection purposes.  Central offices built years ago may need to be
expanded, but have in many cases become landlocked residentially or
commercially and in some cases by city purchase.  Because of central
offices becoming landlocked and impervious ground cover rules, SWB may have
to initiate condemnation procedures to acquire needed land.  House Bill
2977 provides that additional suitable vacant land contiguous with a
proposed site sufficient to satisfy the impervious cover regulation must be
available through purchase or grant in order for a regulating authority to
deny a request to construct or expand a facility. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2977 amends the Local Government Code to require a regulating
authority to review and grant or deny a written request by a
telecommunications utility or public utility to construct a facility or
expand an existing facility on real property owned, leased, or occupied by
the telecommunications utility or public utility in an area governed by an
impervious cover regulation within 30 days of delivery of the request to
the regulating authority.  The regulating authority is deemed to have
granted the request unless within 30 days of delivery of the request, after
hearing, the regulating authority determines in writing that: 

 _the request does not meet the standards of the applicable impervious
cover regulation; and 

 _additional, suitable vacant land contiguous with the proposed building
site sufficient to satisfy the impervious cover regulation is available
through purchase or grant without condemnation in a reasonable time, not to
exceed 60 days from the date of the request for a price not exceeding the
lowest fair market value of vacant land within a one-mile radius of the
facility. 

The bill provides that if the regulating authority denies the request, the
determination is required to detail the findings upon which the regulating
authority denies the request. 

The Public Utility Commission of Texas is required to have jurisdiction
over regulating authorities necessary to enforce the provisions of the Act
and to ensure that all other legal requirements are enforced in a
competitively neutral,  non-discriminatory, and reasonable manner. 

EFFECTIVE DATE

September 1, 2001.