Texas Utilities Code - UTIL § 43.101. Participation by Electric Utility

(a) An electric utility may install and operate facilities to provide middle mile broadband service on any part of its electric delivery system or other facilities for Internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service.

(b) The installation, operation, and use of middle mile broadband service and the lease of excess fiber capacity by Internet service providers from an electric utility may not be regulated by any state agency, a municipality, or local government other than as provided by this chapter.

(c) An electric utility that owns and operates middle mile broadband service:

(d) The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not:

(e) If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government may not require a franchise or an amendment to a franchise or require an additional charge, fee, or tax from the electric utility for use of the public rights-of-way for middle mile broadband service.

(f) If the state or a municipality or local government is not already collecting a charge or fee from the electric utility for the use of the public rights-of-way, the state or a municipality or local government may impose a charge on the provision of middle mile broadband service, but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband service for use of the public rights-of-way in its respective jurisdiction.