Texas 2021 - 87th Regular

Texas House Bill HB17 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 17
	1	+	By: Deshotel, et al. (Senate Sponsor - Birdwell) H.B. No. 17
	2	+	(In the Senate - Received from the House March 31, 2021;
	3	+	April 8, 2021, read first time and referred to Committee on
	4	+	Business & Commerce; April 19, 2021, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; April 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a restriction on the regulation of utility services and
6	12		infrastructure based on the energy source to be used or delivered.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter Z, Chapter 181, Utilities Code, is
9	15		amended by adding Section 181.903 to read as follows:
10	16		Sec. 181.903. RESTRICTION ON REGULATION OF UTILITY SERVICES
11	17		AND INFRASTRUCTURE. (a) In this section:
12	18		(1) "Regulatory authority" has the meanings assigned
13	19		by Sections 11.003 and 101.003.
14	20		(2) "Utility" has the meaning assigned by Section
15	21		181.901, except that the term does not include a person, company, or
16	22		corporation engaged in furnishing telephone service to the public.
17	23		(b) No regulatory authority, planning authority, or
18	24		political subdivision of this state may adopt or enforce an
19	25		ordinance, resolution, regulation, code, order, policy, or other
20	26		measure that has the purpose, intent, or effect of directly or
21	27		indirectly banning, limiting, restricting, discriminating against,
22	28		or prohibiting the connection or reconnection of a utility service
23	29		or the construction, maintenance, or installation of residential,
24	30		commercial, or other public or private infrastructure for a utility
25	31		service based on the type or source of energy to be delivered to the
26	32		end-use customer.
27	33		(c) An entity, including a regulatory authority, planning
28	34		authority, political subdivision, or utility, may not impose any
29	35		additional charge or pricing difference on a development or
30	36		building permit applicant for utility infrastructure that:
31	37		(1) encourages those constructing homes, buildings,
32	38		or other structural improvements to connect to a utility service
33	39		based on the type or source of energy to be delivered to the end-use
34	40		customer; or
35	41		(2) discourages the installation of facilities for the
36	42		delivery of or use of a utility service based on the type or source
37	43		of energy to be delivered to the end-use customer.
38	44		(d) This section does not limit the ability of a regulatory
39	45		authority or political subdivision to choose utility services for
40	46		properties owned by the regulatory authority or political
41	47		subdivision.
42	48		SECTION 2. This Act takes effect immediately if it receives
43	49		a vote of two-thirds of all the members elected to each house, as
44	50		provided by Section 39, Article III, Texas Constitution. If this
45	51		Act does not receive the vote necessary for immediate effect, this
46	52		Act takes effect September 1, 2021.
47		-	______________________________ ______________________________
48		-	President of the Senate Speaker of the House
49		-	I certify that H.B. No. 17 was passed by the House on March
50		-	31, 2021, by the following vote: Yeas 116, Nays 29, 1 present, not
51		-	voting.
52		-	______________________________
53		-	Chief Clerk of the House
54		-	I certify that H.B. No. 17 was passed by the Senate on May 4,
55		-	2021, by the following vote: Yeas 28, Nays 2.
56		-	______________________________
57		-	Secretary of the Senate
58		-	APPROVED: _____________________
59		-	Date
60		-	_____________________
61		-	Governor
	53	+	* * * * *