FOR IMMEDIATE RELEASE
San Bernard Electric Cooperative Warns of Threat to Property Rights, Local Control Under HB 3445, HB 3448
April 17, 2025 – Bellville, Texas
San Bernard Electric Cooperative (SBEC) is speaking out against proposed bills in the Texas Legislature, House Bill 3445 and House Bill 3448, which could have far-reaching consequences for electric cooperatives and the communities they serve.
Introduced by Rep. Drew Darby, HB 3445 and HB 3448 aims to regulate how municipalities, municipally owned utilities, and electric cooperatives provide access to their infrastructure, such as poles and rights-of-way, for telecommunications providers. While the bill is positioned as a way to expand broadband access across Texas, SBEC and other cooperatives argue that it does so at the expense of local control, safety, property rights, and the very members who own the cooperative.
“Electric cooperatives aren’t against broadband expansion—in fact, many are part of the solution,” said Mike Ables, Chief Executive Officer at SBEC. “But these house bills undermine the principles that cooperatives are built on: local governance, safety, fairness, and respect for member-owned property.”
Member-Owned, Member-Protected
Electric co-ops like SBEC are not-for-profit utilities owned by the very people they serve. Every piece of infrastructure—from substations to poles—has been built and maintained with member investment. These House Bills would weaken their ability to manage these assets responsibly.
The bill could cap the fees co-ops charge for telecom access and override existing contracts. SBEC leaders argue this would open the door to forced access, where large telecom companies could attach equipment to co-op poles without proper negotiation, engineering review, or safety oversight.
Easement Infringement Raises Alarm
A major concern voiced by SBEC is the potential for easement infringement. 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. HB 3445 and HB 3448, 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.”
Safety and Reliability at Risk
Unlike many investor-owned utilities, SBEC operates in rural and sometimes hard-to-access areas, where safety protocols and maintenance are critical. Improper or unauthorized pole attachments from outside providers can create dangerous working conditions and service disruptions.
“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.
A Call to Action
SBEC is urging its members and community leaders to speak out against HB 3445 and HB 3448 defend the rights of rural Texans to manage their own utilities and land.
“This bill isn’t about politics,” Ables said. “It’s about preserving the trust, safety, and local voice that electric cooperatives have built for generations. We hope lawmakers will listen to the people who make these communities thrive.”
SBEC is joining forces with cooperatives and members across Texas to speak out against HB 3445 and HB 3448. We encourage you to join Voices for Cooperative Power to help join us in protecting your rights.
To learn more and join VCP, visit their website at https://bit.ly/4j8HeD0
Contact Your State Representative Today!
Make your voice heard by reaching out to members of the Texas House of Representatives!
District 12: Representative Trey Wharton
Phone: (512) 463-0412
Email: trey.wharton@house.texas.gov
District 30: Representative AJ Louderback
Phone: (512) 463-0456
Email: aj.louderback@house.texas.gov
District 85: Representative Stan Kitzman
Phone: (512) 463-0604
Email: stan.kitzman@house.texas.gov
District 130: Representative Tom Oliverson
Phone: (512) 463-0661
Email: tom.oliverson@house.texas.gov
Additional SBEC Information: SBEC Legislative Issues Page
SBEC Contact:
Please feel free to contact if you have any questions about this House Bill.
or contact
John Spiess
Member Service Manager
Community Relations & Key Accounts
jspiess@sbec.org or 979-413-7743