Rep. Drew Darby introduced HB 3445, a bill on Utilities, to the Texas House on Wednesday, Feb. 26 during the 89(R) legislative session, according to the Texas Legislature website.
More specifically, the official text was summarized by the state legislature as ’’relating to the access by a certificated telecommunications provider to the rights-of-way and pole charges of an electric cooperative’’.
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
This bill prohibits municipalities and municipally owned utilities, including electric cooperatives, from discriminating against certificated telecommunications providers concerning facility authorization and placement in public rights-of-way or utility poles. It ensures nondiscriminatory access to building rights and municipal utility pole attachment rates, terms, and conditions. The bill establishes that pole attachment or underground conduit rates cannot surpass the existing rate from previous agreements, a new mutually agreed rate, the rate allowable under Federal Communications Commission regulations if applicable, or a rate determined through a contested case. Additionally, it mandates a single, uniform rate for pole attachments to all unaffiliated entities by Sept. 1, 2006. The bill takes effect on Sept. 1, 2025.
Drew Darby, the chair of the House Committee on Energy Resources, proposed another 33 bills during the 89(R) legislative session. He is also a member of the House Committee on House Administration and a member of the House Committee on State Affairs.
Drew Darby is currently serving in the Texas State House, representing the state’s 72nd House district. He replaced previous state representative Scott Edward Campbell in 2007.
Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.
You can read more about the bills and other measures here.
| Legislative Session | Bill Number | Date Introduced | Short Description |
|---|---|---|---|
| 89(R) | HB 3448 | 02/26/2025 | Relating to the access by a certificated telecommunications provider to the rights-of-way and poles of an electric cooperative |
| 89(R) | HB 3265 | 02/25/2025 | Relating to discriminatory practices by a health benefit plan issuer, pharmacy benefit manager, and third-party payor and certain prescription drug manufacturers, distributors, and related persons with respect to certain entities participating in a federal drug discount program; providing a civil penalty |
| 89(R) | HB 3250 | 02/24/2025 | Relating to the regulation of real estate appraisers and appraisal management companies |
| 89(R) | HB 3249 | 02/24/2025 | Relating to rules providing for certification of issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the commission |
| 89(R) | HB 3190 | 02/21/2025 | Relating to school personnel and public school operations, including the eligibility of certain employees for unemployment compensation benefits |
| 89(R) | HB 3159 | 02/21/2025 | Relating to a severance tax exemption for oil and gas produced from certain restimulation wells; providing a civil penalty |
| 89(R) | HB 3158 | 02/21/2025 | Relating to imposition of application fees for certain permits and permit amendments for the disposal of oil and gas waste |
| 89(R) | HB 3157 | 02/21/2025 | Relating to interim rates charged by electric utilities during a rate suspension period |
| 89(R) | HB 3156 | 02/21/2025 | Relating to fluid oil and gas waste and products and byproducts of that waste |
| 89(R) | HB 3126 | 02/20/2025 | Relating to the election of certain school districts and open-enrollment charter schools to participate in the uniform group coverage program for active school employees |
| 89(R) | HB 3100 | 02/20/2025 | Relating to a limit on the number of athletic scholarships that may be awarded to foreign students by a public institution of higher education |
| 89(R) | HB 3078 | 02/20/2025 | Relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty |
| 89(R) | HB 3069 | 02/20/2025 | Relating to the approval of a certificate of convenience and necessity for certain transmission projects |
| 89(R) | HB 3044 | 02/19/2025 | Relating to the periodic elimination of generic transmission constraints in the ERCOT power region |
| 89(R) | HB 3035 | 02/19/2025 | Relating to the creation of an organized oilfield theft prevention unit within the Department of Public Safety |
| 89(R) | HB 2790 | 02/13/2025 | Relating to liability for capturing and storing carbon dioxide |
| 89(R) | HB 2730 | 02/12/2025 | Relating to the authority of the chief appraiser of an appraisal district to require a person allowed an exemption from ad valorem taxation of a residence homestead to file a new application or confirm the person’s current qualification for the exemption |
| 89(R) | HB 2713 | 02/12/2025 | Relating to the repeal of a municipal civil service system for firefighters and police officers in certain municipalities |
| 89(R) | HB 2712 | 02/12/2025 | Relating to test years used for ratemaking purposes by certain water and sewer utilities |
| 89(R) | HB 2678 | 02/11/2025 | Relating to the establishment of the Texas Advanced Nuclear Energy Authority and a Texas nuclear permitting officer |
| 89(R) | HB 2663 | 02/11/2025 | Relating to the affirmation required to be made by an operator as part of an application to the Railroad Commission of Texas for an extension of the deadline for plugging an inactive well; providing an administrative penalty |
| 89(R) | HB 2525 | 02/06/2025 | Relating to the exemption from ad valorem taxation of certain property owned by a charitable organization that is engaged in providing housing and related facilities and services to persons who are at least 62 years of age |
| 89(R) | HB 2438 | 02/05/2025 | Relating to the operations and administration of the Concho County Hospital District |
| 89(R) | HB 2379 | 02/04/2025 | Relating to the selection by the board of directors of the West Coke County Hospital District of a depository bank for the district |
| 89(R) | HB 2349 | 02/03/2025 | Relating to exempting certain transactions from regulation by the Texas Real Estate Commission |
| 89(R) | HB 2037 | 01/23/2025 | Relating to repairs made pursuant to a residential or manufactured home tenant’s notice of intent to repair and the provision of notice regarding a residential or manufactured home tenant’s security deposit |
| 89(R) | HB 2002 | 01/22/2025 | Relating to the eligibility of an organization to receive surplus agricultural products under certain grants awarded by the Department of Agriculture |
| 89(R) | HB 1971 | 01/22/2025 | Relating to an exemption for drillers or operators of closed-loop geothermal injection wells from certain requirements applicable to persons involved in activities under the jurisdiction of the Railroad Commission of Texas |
| 89(R) | HB 1926 | 01/16/2025 | Relating to organization of, meetings of, and voting by condominium unit owners’ associations and property owners’ associations |
| 89(R) | HB 1769 | 01/08/2025 | Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax |
| 89(R) | HB 1749 | 01/07/2025 | Relating to the jurisdiction of municipal courts over health and safety and nuisance abatement ordinances |
| 89(R) | HB 1748 | 01/07/2025 | Relating to the appointment of spoken language interpreters for certain court proceedings |
| 89(R) | HB 1716 | 12/30/2024 | Relating to the provision of counseling services by certain providers under Medicaid and reimbursement for those services |
| 88(R) | HB 1000 | 03/10/2023 | Relating to the composition of districts for the election of members of the Texas House of Representatives |
| 88(R) | HB 4775 | 03/10/2023 | Relating to the operations of certain local health care provider participation programs |
| 88(R) | HB 4856 | 03/10/2023 | Relating to the jurisdiction of the Texas Commission on Environmental Quality over certain recharge injection wells |
| 88(R) | HB 4910 | 03/10/2023 | Relating to the access by a certificated telecommunications provider to the rights-of-way and pole charges of an electric cooperative |
| 88(R) | HB 4970 | 03/10/2023 | Relating to guardianship matters |
| 88(R) | HB 5015 | 03/10/2023 | Relating to the disposition of surplus real property no longer needed for state highway purposes |
| 88(R) | HB 5160 | 03/10/2023 | Relating to the authority of the board of directors to select a depository bank for the West Coke County Hospital District |
| 88(R) | HB 4557 | 03/09/2023 | Relating to liability for capturing and storing carbon dioxide |
| 88(R) | HB 4559 | 03/09/2023 | Relating to the application of statutes that classify political subdivisions according to population |
| 88(R) | HB 3206 | 03/02/2023 | Relating to the maximum allowable cost of certain items eligible for a sales and use tax exemption for a limited period |
| 88(R) | HB 2847 | 02/24/2023 | Relating to the jurisdiction of the Railroad Commission of Texas over and a study of the production, pipeline transportation, and storage of hydrogen |
| 88(R) | HB 2848 | 02/24/2023 | Relating to the approval of a certificate of public convenience and necessity for certain transmission projects |
| 88(R) | HB 2747 | 02/23/2023 | Relating to a requirement that each appraisal district periodically confirm that recipients of residence homestead exemptions qualify for those exemptions |
| 88(R) | HB 2447 | 02/17/2023 | Relating to private transfer fee obligations |
| 88(R) | HB 2363 | 02/15/2023 | Relating to the designation of the portion of Farm-to-Market Road 765 in Concho County as the Sergeant Stephen Jones Memorial Highway |
| 88(R) | HB 2364 | 02/15/2023 | Relating to the designation of a portion of U.S. Highway 87 in Concho County as the Deputy Samuel Leonard Memorial Highway |
| 88(R) | HB 2262 | 02/13/2023 | Relating to gas utility alternative gas expenses and infrastructure investments |
