| 1 | 1 | | By: Maldonado H.B. No. 4235 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the approval of an application for a certificate of |
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| 7 | 7 | | convenience and necessity by the Texas Public Utility Commission. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 37.056, Texas Utilities Code, is amended |
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| 10 | 10 | | by adding Subsections (d) and (e) to read as follows: |
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| 11 | 11 | | (d) The commission shall not grant a certificate for a |
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| 12 | 12 | | transmission line if: |
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| 13 | 13 | | (1) The transmission line will have a voltage greater |
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| 14 | 14 | | than 100,000 Volts AC phase to ground and would be located within |
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| 15 | 15 | | 1/4 mile of a public primary school or secondary school building; |
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| 16 | 16 | | (2) The transmission line will have a voltage less |
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| 17 | 17 | | than 100,000 Volts AC phase to ground and would be located within |
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| 18 | 18 | | 1/8 mile of a public primary school or secondary school building; |
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| 19 | 19 | | (3) The transmission line will be used to supply a new |
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| 20 | 20 | | electrical substation or switching station with voltage greater |
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| 21 | 21 | | than 100,000 Volts AC phase to ground that would be located within 2 |
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| 22 | 22 | | miles of the center of a city of population less than 50,000; or |
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| 23 | 23 | | (4) The transmission line will have a voltage greater |
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| 24 | 24 | | than 100,000 Volts AC phase to ground and would be located within |
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| 25 | 25 | | the corporate boundaries of a municipality. |
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| 26 | 26 | | (e) For purposes of calculating transmission line route |
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| 27 | 27 | | impact, the commission shall consider residential lots that do not |
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| 28 | 28 | | have constructed residential units as if the lot had a residential |
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| 29 | 29 | | unit and was occupied by residents if: |
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| 30 | 30 | | (1) The residential lots are in a platted subdivision; |
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| 31 | 31 | | (2) The residential lots have completed roads for |
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| 32 | 32 | | access; |
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| 33 | 33 | | (3) The subdivision has at least 50% of its platted |
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| 34 | 34 | | lots with constructed residential units or has at least 20% of the |
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| 35 | 35 | | lots developed in the last 18 months prior to start of hearings. |
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| 36 | 36 | | (f) In selecting route alternatives for transmission line |
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| 37 | 37 | | certificates, the commission shall give preference to route designs |
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| 38 | 38 | | that place transmission structures adjacent to or within major |
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| 39 | 39 | | highway corridor right of ways. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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