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