| 1 | 1 | | 82R25346 JXC-F |
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| 2 | 2 | | By: Geren, King of Taylor H.B. No. 3853 |
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| 3 | 3 | | Substitute the following for H.B. No. 3853: |
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| 4 | 4 | | By: Price C.S.H.B. No. 3853 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a gas or electric corporation to use |
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| 10 | 10 | | certain land to construct or operate a transmission line. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 181.007, Utilities Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 181.007. AUTHORITY TO OWN, HOLD, AND USE LAND OR OTHER |
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| 15 | 15 | | PROPERTY. (a) Except as provided by Subsection (b), a [A] gas or |
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| 16 | 16 | | electric corporation has the power to own, hold, or use land, a |
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| 17 | 17 | | right-of-way, an easement, a franchise, or a building or other |
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| 18 | 18 | | structure as necessary for the purpose of the corporation. |
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| 19 | 19 | | (b) If a gas or electric corporation constructs a |
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| 20 | 20 | | transmission line over, under, or across land that the 2007 state |
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| 21 | 21 | | water plan proposed to use for constructing a reservoir and that was |
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| 22 | 22 | | designated before January 1, 2011, as a site of unique value for the |
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| 23 | 23 | | construction of a reservoir under Section 16.051(g) or (g-1), Water |
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| 24 | 24 | | Code, the corporation is liable for costs related to removing, |
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| 25 | 25 | | reconstructing, or relocating the transmission line. |
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| 26 | 26 | | (c) Subsection (b) does not apply to construction of a |
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| 27 | 27 | | transmission line that begins before September 1, 2011, or |
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| 28 | 28 | | construction of a transmission line that the Public Utility |
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| 29 | 29 | | Commission of Texas approves before September 1, 2011. |
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| 30 | 30 | | SECTION 2. This Act applies only to a transmission line the |
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| 31 | 31 | | construction of which begins on or after the effective date of this |
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| 32 | 32 | | Act or that the Public Utility Commission of Texas approves before |
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| 33 | 33 | | the effective date of this Act. A transmission line the |
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| 34 | 34 | | construction of which began before the effective date of this Act or |
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| 35 | 35 | | that the Public Utility Commission of Texas approves before the |
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| 36 | 36 | | effective date of this Act is governed by the law in effect on the |
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| 37 | 37 | | date the construction began or the approval occurred, and that law |
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| 38 | 38 | | is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2011. |
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