How Does the Texas Statute Work?
The Texas Legislature adopted its forced access statutes in 1995, but the TPUC proceeding was the first effort by a carrier to actually invoke the statutes. The Texas statute requires that once a tenant has requested the services of a telecommunication company, the company has a right to install its equipment in a multi-tenant building. Compensation determinations for this forced occupation are to be made in administrative proceedings conducted before the TPUC, rather than in eminent domain proceedings incorporating other protections of state law. Joint Effort with BOMA International and the Real Access Alliance Texas BOMA, BOMA International, the Real Access Alliance, and the affected property owner and manager filed suit in Texas state court alleging that the statute is on its face, unconstitutional. The allegations are that the statute forces an unconstitutional taking under the Fifth Amendment to the U.S. Constitution and under a comparable Texas constitutional provision. Texas BOM
