Sec. 54.260. PROPERTY OWNER'S CONDITIONS

1. (a) Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by the municipality and holds a certificate if required by this title, a public or private property owner may:

   1. (1) impose a condition on the utility that is reasonably necessary to protect:

      1. (A) the safety, security, appearance, and condition of the property; and
      2. (B) the safety and convenience of other persons;
   2. (2) impose a reasonable limitation on the time at which the utility may have access to the property to install a telecommunications service facility;
   3. (3) impose a reasonable limitation on the number of such utilities that have access to the owner's property, if the owner can demonstrate a space constraint that requires the limitation;
   4. (4) require the utility to agree to indemnify the owner for damage caused installing, operating, or removing a facility;
   5. (5) require the tenant or the utility to bear the entire cost of installing, operating, or removing a facility; and
   6. (6) require the utility to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.
2. (b) 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.