H.B. No. 17
AN ACT
relating to a restriction on the regulation of utility services and
infrastructure based on the energy source to be used or delivered.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 181, Utilities Code, is
amended by adding Section 181.903 to read as follows:
Sec. 181.903. RESTRICTION ON REGULATION OF UTILITY SERVICES
AND INFRASTRUCTURE. (a) In this section:
(1) "Regulatory authority" has the meanings assigned
by Sections 11.003 and 101.003.
(2) "Utility" has the meaning assigned by Section
181.901, except that the term does not include a person, company, or
corporation engaged in furnishing telephone service to the public.
(b) No regulatory authority, planning authority, or
political subdivision of this state may adopt or enforce an
ordinance, resolution, regulation, code, order, policy, or other
measure that has the purpose, intent, or effect of directly or
indirectly banning, limiting, restricting, discriminating against,
or prohibiting the connection or reconnection of a utility service
or the construction, maintenance, or installation of residential,
commercial, or other public or private infrastructure for a utility
service based on the type or source of energy to be delivered to the
end-use customer.
(c) An entity, including a regulatory authority, planning
authority, political subdivision, or utility, may not impose any
additional charge or pricing difference on a development or
building permit applicant for utility infrastructure that:
(1) encourages those constructing homes, buildings,
or other structural improvements to connect to a utility service
based on the type or source of energy to be delivered to the end-use
customer; or
(2) discourages the installation of facilities for the
delivery of or use of a utility service based on the type or source
of energy to be delivered to the end-use customer.
(d) This section does not limit the ability of a regulatory
authority or political subdivision to choose utility services for
properties owned by the regulatory authority or political
subdivision.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 17 was passed by the House on March
31, 2021, by the following vote: Yeas 116, Nays 29, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 17 was passed by the Senate on May 4,
2021, by the following vote: Yeas 28, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor