| 1 | 1 | | 85R5256 GRM-F |
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| 2 | 2 | | By: Fallon H.B. No. 1427 |
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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 a municipality's ability to enforce zoning and other |
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| 8 | 8 | | land use regulations against electric companies. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 41.005, Utilities Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. (a) |
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| 13 | 13 | | Notwithstanding any other provision of this title, a municipality |
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| 14 | 14 | | may not directly or indirectly regulate the rates, operations, and |
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| 15 | 15 | | services of an electric cooperative, except, with respect to |
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| 16 | 16 | | operations, to the extent necessary to protect the public health, |
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| 17 | 17 | | safety, or welfare. |
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| 18 | 18 | | (b) This section does not prohibit a municipality from |
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| 19 | 19 | | making a lawful charge for the use of public rights-of-way within |
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| 20 | 20 | | the municipality as provided by Section 182.025, Tax Code, and |
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| 21 | 21 | | Section 33.008 of this code. An electric cooperative shall be an |
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| 22 | 22 | | electric utility for purposes of Section 182.025, Tax Code, and |
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| 23 | 23 | | Section 33.008 of this code. |
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| 24 | 24 | | (c) This section does not prohibit a municipality from |
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| 25 | 25 | | enforcing the municipality's zoning or other land use regulations, |
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| 26 | 26 | | including a specific use permit, except that a municipality's |
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| 27 | 27 | | enforcement of the municipality's land use regulations may not: |
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| 28 | 28 | | (1) operate to exclude the electric cooperative from |
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| 29 | 29 | | the municipality; or |
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| 30 | 30 | | (2) directly conflict with a certification granted by |
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| 31 | 31 | | the commission under Chapter 37. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2017. |
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