Texas House Bill HB795

Texas 2019 - 86th Regular

Caption

Relating to a municipality's ability to enforce zoning and other land use regulations against electric companies.

Impact

The passage of HB 795 could substantially reshape the regulatory landscape for electric cooperatives by preemptively defining the limitations of municipal authority. By allowing municipalities to enforce zoning laws but restricting their ability to exclude electric cooperatives or contradict state certifications, the bill ensures that electric companies can operate within municipalities while also maintaining certain local regulatory powers. This dual approach is expected to enhance the operational certainty of electric cooperatives and streamline interactions with local governments.

Summary

House Bill 795 aims to clarify and limit the authority of municipalities regarding the enforcement of zoning and land use regulations specifically against electric companies. The bill stipulates that municipalities cannot regulate the rates, operations, and services of electric cooperatives except in instances necessary for public health, safety, or welfare. This bill seeks to create a defined framework around what local governments can regulate while interacting with electric utilities, promoting a more structured relationship between the two entities.

Contention

Debate surrounding HB 795 may arise primarily from concerns over local governance and the influence of larger electric entities over municipal regulations. Critics may argue that restricting municipal authority undermines local control, potentially leading to conflicts between municipal land use priorities and the operations of electric companies. Additionally, there may be apprehensions about public health and safety if local needs cannot be effectively addressed due to the limitations set forth by this bill. The balance between facilitating utility operations and preserving local governance will likely be a focal point of contention.