AUSTIN, Texas (Legal Newsline) – The City of Austin, Texas. is seeking to declare a piece of legislation unconstitutional.

The City of Austin filed a complaint on Aug. 18 in the U.S. District Court for the Western District of Texas, Austin Division against the State of Texas and Gov. Greg Abbott seeking injunctive relief to prevent implementation of Senate Bill 1004.

According to the complaint, the plaintiff alleges that the senate bill "frustrates the city’s ability to manage public rights-of-way and require fair and reasonable compensation from companies that use public property to provide private mobile telephone services." 

The suit states that beginning Sept. 1, the bill would allow smell cell telecommunications providers "to obtain permits and use public land at costs for below the city's cost of service and the land's fair market value," and would also impair the city in other forms.

The plaintiff seeks declare that the SB 1004 is unconstitutional; preliminary and permanent injunction against the defendant and any other relief as the court deems just. It is represented by City Attorney Anne L. Morgan, Chief Meghan L. Riley and Michael Siegel of City of Austin - Law Department.

U.S. District Court for the Western District of Texas case number 1:17-cv-00806-RP

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State of Texas U.S. District Court for the Western District of Texas

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