Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE C. TELECOMMUNICATIONS UTILITIES · CHAPTER 54. CERTIFICATES
Texas Codes

Tex. Util. Code § 54.259 (2026)

Discrimination By Property Owner Prohibited

✓ current as of May 2026
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Sec. 54.259. DISCRIMINATION BY PROPERTY OWNER PROHIBITED. (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 Section 61.003, Education Code; or

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

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

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 3 cases, 2003–2003 · leading case: Texas Bldg. Owners & Managers Ass'n v. Pub. Util. Comm'n, 110 S.W.3d 524 (Tex. App. 2003).
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Texas Bldg. Owners & Managers Ass'n v. Pub. Util. Comm'n, 110 S.W.3d 524 (Tex. App. 2003). · cites it 4× “See Tex. Util.Code Ann. § 54.259. 3 Without building access for CLECs guaranteed through this statutory mechanism, the right of a property owner to exclude others from its property would enable it to prevent tenant choice between telecommunications providers.”
Texas Bldg. Owners & Managers Ass'n, Inc. Bldg. Owners & Managers Ass'n Int'l Tanglewood Prop. Mgmt. Co. Emissary Grp. 5599 San Felipe, Ltd. & the Real Access All. v. the Pub. Util. Comm'n of Texas & the State of Texas (Tex. App. 2003). · cites it 5× “Appellants, consisting of property management organizations and trade groups (collectively, "the Building Owners"), sued the Commission in district court, seeking both a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction to…”
Texas Bldg. Owners & Managers Ass'n, Inc. Bldg. Owners & Managers Ass'n Int'l Tanglewood Prop. Mgmt. Co. Emissary Grp. 5599 San Felipe, Ltd. & the Real Access All. v. the Pub. Util. Comm'n of Texas & the State of Texas (Tex. App. 2003). · cites it 4× “See generally Tex. Util. Code Ann. §§ 54.259 -.261 (West 1998).”
Tex. Util. Code § 54.259(c): 1 case
Texas Bldg. Owners & Managers Ass'n v. Pub. Util. Comm'n, 110 S.W.3d 524 (Tex. App. 2003). “See Tex. Util.Code Ann. § 54.259. 3 Without building access for CLECs guaranteed through this statutory mechanism, the right of a property owner to exclude others from its property would enable it to prevent tenant choice between telecommunications providers.”
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