| 1 | 1 | | 81R11359 TRH-D |
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| 2 | 2 | | By: Rose H.B. No. 2638 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that affected landowners be notified of |
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| 8 | 8 | | a proposed change to the route of a new electric transmission line. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 37, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 37.062 to read as follows: |
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| 12 | 12 | | Sec. 37.062. NOTICE TO AFFECTED LANDOWNERS ON REQUEST FOR |
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| 13 | 13 | | CHANGE OF PROPOSED TRANSMISSION LINE ROUTE. (a) The commission by |
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| 14 | 14 | | rule shall require a person who files a motion to intervene in a |
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| 15 | 15 | | hearing under this subchapter and who proposes a modification to |
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| 16 | 16 | | the proposed route for an electric transmission line to mail notice |
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| 17 | 17 | | of the proposed modification to the route to the owner, as stated on |
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| 18 | 18 | | current county tax rolls, of land that would be affected directly by |
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| 19 | 19 | | the modified route. For the purposes of this section, land would be |
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| 20 | 20 | | affected directly by a modified route for a transmission line if: |
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| 21 | 21 | | (1) the approval of the modified route would result in |
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| 22 | 22 | | the electric utility acquiring an easement or other property |
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| 23 | 23 | | interest over all or any portion of the land; or |
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| 24 | 24 | | (2) the land contains a habitable structure that is |
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| 25 | 25 | | located: |
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| 26 | 26 | | (A) not more than 300 feet from the centerline of |
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| 27 | 27 | | a transmission project of 230 kilovolts or less; or |
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| 28 | 28 | | (B) not more than 500 feet from the centerline of |
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| 29 | 29 | | a transmission project of more than 230 kilovolts. |
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| 30 | 30 | | (b) An intervenor that is required to give notice under |
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| 31 | 31 | | Subsection (a), shall mail the notice not later than the 21st day |
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| 32 | 32 | | before the date the commission deliberates concerning the issuance |
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| 33 | 33 | | of a certificate under this chapter regarding a proposed |
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| 34 | 34 | | transmission line route. |
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| 35 | 35 | | (c) An intervenor may establish proof of notice under this |
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| 36 | 36 | | section by filing an affidavit with the commission stating that the |
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| 37 | 37 | | intervenor sent notice by first class mail to each person listed on |
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| 38 | 38 | | the current county tax rolls as an owner of land directly affected |
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| 39 | 39 | | by the modified route. |
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| 40 | 40 | | (d) A notice under this section shall contain: |
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| 41 | 41 | | (1) a description of the type of electric transmission |
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| 42 | 42 | | facility proposed to be constructed; |
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| 43 | 43 | | (2) the date the commission is scheduled to deliberate |
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| 44 | 44 | | concerning the issuance of a certificate regarding the project; |
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| 45 | 45 | | (3) a clear and precise description of the geographic |
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| 46 | 46 | | area in which the transmission line would be constructed if the |
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| 47 | 47 | | modification to the route were approved; |
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| 48 | 48 | | (4) a statement regarding the location where the owner |
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| 49 | 49 | | of directly affected land may view a map of the modification to the |
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| 50 | 50 | | route for the proposed transmission line; |
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| 51 | 51 | | (5) a statement regarding how an owner can contact the |
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| 52 | 52 | | commission to comment on the modification to the route; |
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| 53 | 53 | | (6) the docket number assigned to the proceeding by |
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| 54 | 54 | | the commission; and |
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| 55 | 55 | | (7) any additional information required by the |
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| 56 | 56 | | commission. |
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| 57 | 57 | | SECTION 2. The change in law made by Section 37.062, |
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| 58 | 58 | | Utilities Code, as added by this Act, applies only to a motion to |
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| 59 | 59 | | intervene filed on or after the effective date of this Act. A motion |
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| 60 | 60 | | to intervene filed before the effective date of this Act is subject |
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| 61 | 61 | | to the law in effect on the date of filing, and that law is continued |
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| 62 | 62 | | in effect for that purpose. |
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| 63 | 63 | | SECTION 3. This Act takes effect September 1, 2009. |
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