A pair of bills introduced at the Texas Legislature by San Angelo’s own Rep. Drew Darby (TX-72) have electrical co-operatives in the state hopping mad.
Member-owned co-operatives throughout Texas are rallying against House Bills 3445 and 3448, which aim to regulate how towns, municipally-owned utilities and electrical co-operatives provide access to their infrastructure for telecommunications companies.
According to a bulletin from Concho Valley Electrical Cooperative the “unfair and unsafe bill will force co-ops to let for-profit telecom companies attach equipment to our poles at incredibly low rates — pushing higher electricity costs to our membership.
“These companies would also be allowed to bypass safety standards and hijack private property by attaching to the cooperatives power poles without the landowner’s permission.”
Rep. Darby is likely to be receiving a high volume of calls as co-operatives throughout the state are urging members to call their state representatives — and Drew Darby — to express their concerns.
According to critics, the bills are ostensibly offered to expand broadband access across Texas, but cooperatives argue it does so at the expense of local control, safety and property rights.
“Electric cooperatives aren’t against broadband expansion—in fact, many are part of the solution,” said Mike Ables, Chief Executive Officer at San Bernard Electric Co-op. “But these house bills undermine the principles that cooperatives are built on: local governance, safety, fairness, and respect for member-owned property.”
A Different Kind of Electric Company
According to information from TexasElectricCooperatives.org, the state has 76 electric cooperatives providing service to nearly 3 million members in 241 counties.
Cooperatives were formed out of the Rural Electrification Administration (REA) in the 1930s, which enabled rural communities to borrow federal money and form local, consumer-owned electric companies.
Electric co-ops are not-for-profit utilities owned by the customers they serve, and they say every piece of infrastructure they have in service has been built and maintained through member investments.
They say these house bills would weaken their ability to manage their assets responsibly.
According to the companies, these bills could cap the fees co-ops charge for telecom access and override existing contracts. Co-op leaders say this would open the door to forced access, as large telecom companies could attach equipment to co-op poles without proper negotiation, engineering review, or safety oversight.
Co-operative are also concerned about the potential for easement infringement, as many of the cooperative’s poles and lines sit on private land under easements granted by property owners specifically for the delivery of electric service. HB3445 and HB3448, however, could give telecom companies access to these properties without the landowner’s consent.
“Easements are private contracts. They don’t give blanket permission for any company to come onto someone’s land,” said Ables. “Allowing telecom providers to use co-op infrastructure that sits on private land without negotiating their own easements would be an overreach and a violation of property rights.”
Many Texas cooperative operate in hard-to-access rural areas, where safety protocols and maintenance are critical. Improper or unauthorized pole attachments from outside providers can create dangerous working conditions and service disruptions, co-op representatives say.
“Our crews work in all kinds of conditions to keep power flowing safely and reliably,” said Ables. “This bill could allow third parties to compromise that work creating congestion, and even danger on our lines.”
Unfair Costs to Members
HB 3445 and HB 3448 also raise concerns about shifting the financial burden onto cooperative members. If telecom companies are allowed access at below-market rates or are not held accountable for infrastructure damage, SBEC and its members could be left paying for repairs, upgrades, or replacements.
“That’s not just a business issue, it’s a pocketbook issue for co-op members,” Ables added.
Contact Rep. Drew Darby at 325-658-7313 or 512-463-0331 or email drew.darby@house.texas.gov
