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