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.
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