83R9993 DDT-D
By: Callegari H.B. No. 2156
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a municipality to regulate or limit a
retail public utility's extension of service or operation of
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.247, Water Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) This section may not be construed as limiting the power
of municipalities to incorporate or extend their boundaries by
annexation. A municipality may impose on a retail public utility
operating in the boundaries of the municipality [, or as
prohibiting any municipality from levying] taxes and other special
charges for the use of [the] streets as [are] authorized by Section
182.025, Tax Code, but may not, by franchise agreement, limit,
restrict, regulate, or prevent the retail public utility's
extension of service or operation of facilities.
(e) Except as expressly provided by this chapter, a retail
public utility:
(1) is not subject to the regulation or control of a
municipality, including any regulation adopted by the municipality
under Chapter 211 or 212, Local Government Code; and
(2) may, in the sole discretion of the retail public
utility, locate the retail public utility's facilities at any
location whatsoever.
SECTION 2. This Act takes effect September 1, 2013.