Sec. 66.010.  NONDISCRIMINATION BY MUNICIPALITY.  (a)  A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.  All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011.
(b)  A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding:
(1)  the authorization or placement of a communications network in a public right-of-way;
(2)  access to a building; or
(3)  a municipal utility pole attachment term.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.