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