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TEXAS BLDG. OWNERS v. PUBLIC UTILITY COM'N

No. 03-02-00611-CV.

110 S.W.3d 524 (2003)

TEXAS BUILDING OWNERS AND MANAGERS ASSOCIATION, INC.; Building Owners and Managers Association International; Tanglewood Property Management Company; Emissary Group; 5599 San Felipe, Ltd., and the Real Access Alliance, Appellants, v. The PUBLIC UTILITY COMMISSION OF TEXAS and the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

June 5, 2003.

Attorney(s) appearing for the Case

C. Brian Cassidy, James W. Checkley, Jr., John K. Arnold, Locke, Liddell & Sapp, L.L.C., Larry Niemann, Niemann & Niemann, Austin, Gerard Lavery Lederer, Miller & Van Eaton, P.L.L.C., Washington, DC, for appellants.

Steven Baron, Assistant Attorney General, Natural Resources Division, Austin, for appellees.

John C. Eichman, Robert B. Gilbreath, John T. Gerhart, Jenkens & Gilchrist P.C., Dallas, for MCI Worldcom.

Susan C. Gentz, Valerie P. Kirk, Casey & Gentz L.L.P., Austin, for Time Warner.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (the "Statutes") of the Public Utility Regulatory Act (PURA). See generally Tex. Util.Code Ann. §§ 54.259-.261 (West 1998). The Statutes require a public or private property owner to give a telecommunications utility access to the property for the purposes of installing a service facility...

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