84R2506 DDT-D
By: Fallon H.B. No. 862
A BILL TO BE ENTITLED
AN ACT
relating to requiring an electric utility to notify certain
landowners of its application for a certificate of convenience and
necessity for a proposed transmission line facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.053, Utilities Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) On the date the applicant files an application for a
certificate for a proposed transmission line facility, the
applicant shall mail notice of the application to all landowners,
as stated on the current county tax roll, whose land:
(1) would become subject to an easement or other
property interest if the application is granted;
(2) contains a habitable structure that would be
within 300 feet of the centerline of a transmission project of 230
kilovolts or less;
(3) contains a habitable structure that would be
within 500 feet of the centerline of a transmission project of more
than 230 kilovolts; or
(4) is in a residential subdivision that contains one
or more lots described by Subdivision (2) or (3).
(f) In this section, "residential subdivision" means a
subdivision:
(1) for which a plat is recorded in the county real
property records; and
(2) in which the majority of lots are subject to deed
restrictions limiting the lots to residential use.
SECTION 2. The changes in law made by this Act apply only to
an application for a certificate of convenience and necessity filed
on or after the effective date of this Act. An application filed
before that date is governed by the law in effect on the date the
application was filed.
SECTION 3. This Act takes effect September 1, 2015.