| 1 | 1 | | 84R2506 DDT-D |
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| 2 | 2 | | By: Fallon H.B. No. 862 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring an electric utility to notify certain |
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| 8 | 8 | | landowners of its application for a certificate of convenience and |
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| 9 | 9 | | necessity for a proposed transmission line facility. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 37.053, Utilities Code, is amended by |
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| 12 | 12 | | adding Subsections (e) and (f) to read as follows: |
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| 13 | 13 | | (e) On the date the applicant files an application for a |
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| 14 | 14 | | certificate for a proposed transmission line facility, the |
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| 15 | 15 | | applicant shall mail notice of the application to all landowners, |
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| 16 | 16 | | as stated on the current county tax roll, whose land: |
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| 17 | 17 | | (1) would become subject to an easement or other |
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| 18 | 18 | | property interest if the application is granted; |
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| 19 | 19 | | (2) contains a habitable structure that would be |
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| 20 | 20 | | within 300 feet of the centerline of a transmission project of 230 |
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| 21 | 21 | | kilovolts or less; |
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| 22 | 22 | | (3) contains a habitable structure that would be |
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| 23 | 23 | | within 500 feet of the centerline of a transmission project of more |
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| 24 | 24 | | than 230 kilovolts; or |
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| 25 | 25 | | (4) is in a residential subdivision that contains one |
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| 26 | 26 | | or more lots described by Subdivision (2) or (3). |
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| 27 | 27 | | (f) In this section, "residential subdivision" means a |
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| 28 | 28 | | subdivision: |
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| 29 | 29 | | (1) for which a plat is recorded in the county real |
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| 30 | 30 | | property records; and |
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| 31 | 31 | | (2) in which the majority of lots are subject to deed |
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| 32 | 32 | | restrictions limiting the lots to residential use. |
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| 33 | 33 | | SECTION 2. The changes in law made by this Act apply only to |
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| 34 | 34 | | an application for a certificate of convenience and necessity filed |
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| 35 | 35 | | on or after the effective date of this Act. An application filed |
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| 36 | 36 | | before that date is governed by the law in effect on the date the |
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| 37 | 37 | | application was filed. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2015. |
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