By: Nichols, Hinojosa       Lucio     A BILL TO BE ENTITLED   AN ACT   relating to an accommodation process authorizing the use of state   highway rights-of-way by broadband-only providers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 250, Transportation Code, is amended by   adding Section 250.002 to read as follows:          Sec. 250.002.  RIGHT-OF-WAY ACCOMMODATION FOR   BROADBAND-ONLY PROVIDERS. (a) In this section:                (1)  "Broadband-only provider" means an entity that   exclusively provides broadband service.                (2)  "Broadband service" means Internet service with   the capability of providing:                      (A)  a download speed of 25 megabits per second or   faster; and                      (B)  an upload speed of three megabits per second   or faster.          (b)  The commission by rule shall:                (1)  on a competitively and technologically neutral and   nondiscriminatory basis with respect to other providers of   broadband service, establish an accommodation process that   authorizes broadband-only providers to use state highway   rights-of-way, subject to highway purposes, for:                      (A)  new broadband facility installations;                      (B)  additions to or maintenance of existing   broadband facility installations;                      (C)  adjustments or relocations of broadband   facilities; and                      (D)  existing broadband facilities retained   within the rights-of-way; and                (2)  prescribe minimum requirements for the   accommodation, method, materials, and location for the   installation, adjustment, and maintenance of broadband facilities   under the accommodation process.          SECTION 2.  Not later than the first anniversary of the   effective date of this Act, the Texas Transportation Commission   shall adopt the rules required by Section 250.002, Transportation   Code, as added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.