(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 § 61.003, Education Code; or
(2) a private or independent institution of higher education as defined by § 61.003, Education Code.

Terms Used In Texas Utilities Code 54.259

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: means real and personal property. See Texas Government Code 311.005

(c) Notwithstanding any other law, the commission has the jurisdiction to enforce this section.