By: Geren H.B. No. 3853
A BILL TO BE ENTITLED
AN ACT
relating to a limitation of authority of a gas or electric
corporation in the acquisition of land designated as a reservoir.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 181.007, Utilities Code, is amended to
read as follows:
Sec. 181.007. AUTHORITY TO HOLD LAND OR OTHER PROPERTY. (a)
A gas or electric corporation has the power to own, hold, or use
land, a right-of-way, an easement, a franchise, or a building or
other structure as necessary for the purpose of the corporation.
(b) Notwithstanding Subsection (a), a gas or electric
corporation may not construct a transmission line on or adjacent to
any land designated by the legislature as a site of unique value for
the construction of a reservoir under Section 16.051, Water Code.
If the exercise of such authority in violation of this Subsection
requires the removal, reconstruction, or relocation of a
transmission line of the corporation in order to construct or
operate a designated reservoir, the gas or electric corporation
shall bear the cost and there shall be no liability for the sponsor
of the reservoir.
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, 2011.