Texas 2021 - 87th Regular

Texas House Bill HB3853 Compare Versions

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Old	New		Differences
1		-	H.B. No. 3853
	1	+	By: Anderson, et al. (Senate Sponsor - Perry) H.B. No. 3853
	2	+	(In the Senate - Received from the House April 27, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on
	4	+	Transportation; May 20, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3853 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to middle mile broadband service provided by an electric
6	14		utility.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 43, Utilities Code, is amended to read as
9	17		follows:
10	18		CHAPTER 43. PROVISION [USE] OF MIDDLE MILE [ELECTRIC DELIVERY
11	19		SYSTEM FOR ACCESS TO] BROADBAND SERVICE BY ELECTRIC UTILITIES [AND
12	20		OTHER ENHANCED SERVICES, INCLUDING COMMUNICATIONS]
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 43.001. LEGISLATIVE FINDINGS. (a) The legislature
15	23		finds that access to quality, high-speed broadband Internet service
16	24		is important to this state, is a necessary prerequisite for
17	25		enabling economic development and improving education, health
18	26		care, public safety, and government services in this state, and
19	27		provides other benefits to its citizens [broadband over power
20	28		lines, also known as BPL, is an emerging technology platform that
21	29		offers a means of providing broadband services to reach homes and
22	30		businesses. BPL services can also be used to enhance existing
23	31		electric delivery systems, which can result in improved service and
24	32		reliability for electric customers].
25	33		(b) [The legislature finds that access to quality, high
26	34		speed broadband services is important to this state. BPL
27	35		deployment in Texas has the potential to extend broadband service
28	36		to customers where broadband access is currently not available and
29	37		may provide an additional option for existing broadband consumers
30	38		in Texas, resulting in a more competitive market for broadband
31	39		services.] The legislature [further] finds that broadband [BPL]
32	40		development in unserved and underserved areas of Texas can be
33	41		facilitated by [is fully dependent upon] the participation of
34	42		electric utilities in this state that own and operate [power lines
35	43		and related] facilities that may be useful [are necessary] for the
36	44		full deployment of broadband service by Internet service providers
37	45		throughout this state [construction of BPL systems and the
38	46		provision of BPL services].
39	47		(c) The legislature finds that electric utilities have
40	48		existing infrastructure in place throughout this state and that
41	49		excess fiber capacity on that infrastructure could be used to
42	50		provide middle mile broadband service in unserved and underserved
43	51		areas.
44	52		(d) The [(c) Consistent with the goal of increasing options
45	53		for telecommunications in this state, the] legislature finds that
46	54		it is in the public interest to encourage the deployment of
47	55		broadband service in unserved and underserved areas [BPL] by
48	56		permitting electric utilities to own, construct, or operate fiber
49	57		facilities for the support of electric service and to lease excess
50	58		fiber capacity for the provision of middle mile broadband service
51	59		[affiliates of the electric utility, or permitting unaffiliated
52	60		entities, to own or operate all or a portion of such BPL systems].
53	61		The purpose of this chapter is to provide the appropriate framework
54	62		to facilitate the leasing of excess fiber capacity on electric
55	63		utility facilities [support the deployment of BPL].
56	64		(e) [(d)] The legislature finds that an electric utility
57	65		may choose to implement middle mile broadband service to lease
58	66		excess fiber capacity to Internet service providers [BPL] under the
59	67		procedures set forth in this chapter, but is not required to do so.
60	68		The electric utility shall have the right to decide, in its sole
61	69		discretion, whether to implement middle mile broadband service
62	70		[BPL] and may not be penalized for deciding to implement or not to
63	71		implement that service [BPL].
64	72		Sec. 43.002. APPLICABILITY. (a) This chapter applies to an
65	73		electric utility whether or not the electric utility is offering
66	74		customer choice under Chapter 39.
67	75		(b) If there is a conflict between the specific provisions
68	76		of this chapter and any other provisions of this title, the
69	77		provisions of this chapter control.
70	78		(c) Except as otherwise provided by this title, no [No]
71	79		provision of this title imposes [shall impose] an obligation on an
72	80		electric utility to construct or operate facilities to [implement
73	81		BPL, to] provide middle mile broadband service [services], or to
74	82		allow others to install [BPL] facilities or use the electric
75	83		utility's facilities for the provision of broadband service
76	84		[services].
77	85		Sec. 43.003. DEFINITIONS. In this chapter:
78	86		(1) "Broadband service" means retail Internet service
79	87		provided by a commercial Internet service provider with the
80	88		capability of providing a download speed of at least 25 megabits per
81	89		second and an upload speed of at least 3 megabits per second ["BPL,"
82	90		"broadband over power lines," and "BPL services" mean the provision
83	91		of broadband services over electric power lines and related
84	92		facilities, whether above ground or in underground conduit].
85	93		(2) "Internet ["BPL access" means the ability to
86	94		access broadband services via a BPL operator or BPL Internet
87	95		service provider.
88	96		[(3) "BPL operator" means an entity that owns or
89	97		operates a BPL system on the electric power lines and related
90	98		facilities of an electric utility.
91	99		[(4) "BPL Internet] service provider" means a
92	100		commercial [and "BPL ISP" mean an] entity that provides Internet
93	101		services [to others on a wholesale basis or] to end-use customers on
94	102		a retail basis.
95	103		(3) [(5) "BPL system" means the materials, equipment,
96	104		and other facilities installed on electric utility property to
97	105		facilitate the provision of BPL services.
98	106		[(6) "BPL electric utility applications" means
99	107		services and technologies that are used and useful and designed to
100	108		improve the operational performance and service reliability of an
101	109		electric utility including, but not limited to, automated meter
102	110		reading, real time system monitoring and meter control, remote
103	111		service control, outage detection and restoration, predictive
104	112		maintenance and diagnostics, and monitoring and enhancement of
105	113		power quality.
106	114		[(7)] "Electric delivery system" means the power lines
107	115		and related transmission and distribution facilities constructed
108	116		[used by an electric utility] to deliver electric energy to the
109	117		electric utility's customers.
110	118		(4) [(8)] "Electric utility" includes [shall include]
111	119		an electric utility and a transmission and distribution utility as
112	120		defined in Section 31.002(6) or (19).
113	121		(5) "Middle mile broadband service" means the
114	122		provision of excess fiber capacity on an electric utility's
115	123		electric delivery system or other facilities to an Internet service
116	124		provider to provide broadband service. The term does not include
117	125		provision of Internet service to end-use customers on a retail
118	126		basis.
119	127		SUBCHAPTER B. DEVELOPMENT OF MIDDLE MILE BROADBAND SERVICE [BPL
120	128		SYSTEMS]
121	129		Sec. 43.051. AUTHORIZATION FOR MIDDLE MILE BROADBAND
122	130		SERVICE [BPL SYSTEM]. (a) An [affiliate of an] electric utility
123	131		[or a person unaffiliated with an electric utility] may own,
124	132		construct, maintain, and operate fiber optic cables and other
125	133		facilities for providing middle mile broadband service in unserved
126	134		and underserved areas [a BPL system and provide BPL services on an
127	135		electric utility's electric delivery system] consistent with the
128	136		requirements of this chapter. Nothing in this chapter prohibits
129	137		[shall prohibit] an entity defined in Section 11.003(9) from
130	138		providing broadband [BPL] service to an Internet service provider
131	139		or owning and operating a broadband [BPL] system as otherwise
132	140		permitted by law.
133	141		(b) The electric utility shall determine on a
134	142		nondiscriminatory basis which Internet service providers may
135	143		access excess fiber capacity on the electric utility's electric
136	144		delivery system or other facilities and provide access points to
137	145		allow connection between the electric utility's electric delivery
138	146		system or other facilities and the systems of those Internet
139	147		service providers. The electric utility shall provide access to
140	148		excess fiber capacity only on reasonable and nondiscriminatory
141	149		terms and conditions that assure the electric utility the
142	150		unimpaired ability to comply with and enforce all applicable
143	151		federal and state requirements regarding the safety, reliability,
144	152		and security of the electric delivery system. [Nothing in this
145	153		chapter shall prohibit an electric utility from providing
146	154		construction or maintenance services to a BPL operator or BPL ISP
147	155		provided that the costs of these services are properly accounted
148	156		for between the electric utility and the BPL operator or BPL ISP.]
149	157		Sec. 43.052. [OWNERSHIP AND OPERATION OF BPL SYSTEM. (a)
150	158		An electric utility may elect to:
151	159		[(1) allow an affiliate to own or operate a BPL system
152	160		on the utility's electric delivery system;
153	161		[(2) allow an unaffiliated entity to own or operate a
154	162		BPL system on the electric utility's electric delivery system; or
155	163		[(3) allow an affiliate or unaffiliated entity to
156	164		provide Internet service over a BPL system.
157	165		[(b) The BPL operator and the electric utility shall
158	166		determine what BPL Internet service providers may have access to
159	167		broadband capacity on the BPL system.
160	168		[Sec. 43.053. FEES AND] CHARGES. [(a)] An electric utility
161	169		that owns and operates facilities to provide middle mile broadband
162	170		service may lease excess fiber capacity on the electric utility's
163	171		electric delivery system or other facilities to an Internet service
164	172		provider on a wholesale basis and [allows an affiliate or an
165	173		unaffiliated entity to own a BPL system on the electric utility's
166	174		electric delivery system] shall charge the Internet service
167	175		provider [owner of the BPL system] for the use of the electric
168	176		utility's [electric delivery] system for all costs associated with
169	177		that use. The rates, terms, and conditions of a lease of excess
170	178		fiber capacity described by this section must be nondiscriminatory.
171	179		An electric utility may not lease excess fiber capacity to provide
172	180		middle mile broadband service to an affiliated Internet service
173	181		provider.
174	182		[(b) An electric utility may pay a BPL owner, a BPL
175	183		operator, or a BPL ISP for the use of the BPL system required to
176	184		operate BPL utility applications.
177	185		[(c) If all or part of a BPL system is installed on poles or
178	186		other structures of a telecommunications utility as that term is
179	187		defined in Section 51.002, the owner of the BPL system shall be
180	188		required to pay the telecommunications utility an annual fee
181	189		consistent with the usual and customary charges for access to the
182	190		space occupied by that portion of the BPL system so installed.
183	191		[(d) Notwithstanding Subsections (a)-(c):
184	192		[(1) an electric utility may not charge an affiliate
185	193		under this section an amount less than the electric utility would
186	194		charge an unaffiliated entity for the same item or class of items;
187	195		[(2) an electric utility may not pay an affiliate
188	196		under this section an amount more than the affiliate would charge an
189	197		unaffiliated entity for the same item or class of items; and
190	198		[(3) an electric utility or an affiliate of an
191	199		electric utility may not discriminate against a retail electric
192	200		provider that is not affiliated with the utility in the terms or
193	201		availability of BPL services.]
194	202		Sec. 43.053 [43.054]. NO ADDITIONAL EASEMENTS OR
195	203		CONSIDERATION REQUIRED. (a) Because broadband [BPL] systems
196	204		provide benefits to electric delivery systems, the installation of
197	205		facilities to provide middle mile broadband service [a BPL system]
198	206		on an electric delivery system or other facilities does [shall] not
199	207		require the electric utility [or the owner of the BPL system] or an
200	208		entity defined in Section 11.003(9) to obtain, modify, or expand
201	209		easements or other rights-of-way for the middle mile broadband
202	210		service [BPL system] or to give additional consideration as a
203	211		result of the installation or the operation of middle mile
204	212		broadband service on the electric delivery system or other
205	213		facilities of the electric utility or entity, unless the property
206	214		owner protests the use as provided by this section [a BPL system].
207	215		(b) Not later than the 60th day before the date an electric
208	216		utility begins construction in an easement or other property right
209	217		of fiber optic cables and other facilities for providing middle
210	218		mile broadband service, the electric utility shall provide written
211	219		notice to the owners of the affected property of the electric
212	220		utility's intent to use the easement or other property right for
213	221		middle mile broadband service.
214	222		(c) Notice under this section must:
215	223		(1) be sent by first class mail to the last known
216	224		address of each person in whose name the affected property is listed
217	225		on the most recent tax roll of each county authorized to levy
218	226		property taxes against the property; and
219	227		(2) state whether any new fiber optic cables used for
220	228		middle mile broadband service will be located above or below ground
221	229		in the easement or other property right.
222	230		(d) Not later than the 60th day after the date an electric
223	231		utility mails notice under this section, a property owner entitled
224	232		to the notice may submit to the electric utility a written protest
225	233		of the intended use of the easement or other property right for
226	234		middle mile broadband service. An electric utility that receives a
227	235		timely written protest may not use the easement or other property
228	236		right for middle mile broadband service unless the protestor later
229	237		agrees in writing to that use or that use is authorized by law. If a
230	238		property owner fails to submit a timely written protest, an
231	239		electric utility may proceed under Subsection (a) without modifying
232	240		or expanding the easement for that property owner.
233	241		(e) An electric utility that receives a timely written
234	242		protest under Subsection (d) regarding proposed middle mile
235	243		broadband service may cancel the project at any time.
236	244		(f) The requirements of this section do not apply to an
237	245		existing easement that permits the provision of third-party middle
238	246		mile broadband service on an electric delivery system. [For
239	247		purposes of this section, installation of a BPL system shall be
240	248		deemed to be consistent with installation of an electric delivery
241	249		system.]
242	250		Sec. 43.054 [43.055]. RELIABILITY OF ELECTRIC SYSTEMS
243	251		MAINTAINED. An electric utility that installs [allows the
244	252		installation] and operates facilities to provide middle mile
245	253		broadband service [operation of a BPL system on its electric
246	254		delivery system] shall employ all reasonable measures to ensure
247	255		that the operation of the middle mile broadband service [BPL
248	256		system] does not interfere with or diminish the reliability of the
249	257		utility's electric delivery system. If [Should] a disruption in
250	258		the provision of electric service occurs [occur], the electric
251	259		utility is [shall be] governed by the terms and conditions of the
252	260		retail electric delivery service tariff. The electric utility may
253	261		take all necessary actions regarding its middle mile broadband
254	262		service and the facilities required in the provision of that
255	263		service to address circumstances that may pose health, safety,
256	264		security, or reliability concerns. At all times, the provision of
257	265		broadband service is [services shall be] secondary to the reliable
258	266		provision of electric delivery services. Except as provided by
259	267		contract or tariff, an electric utility is not liable to any person,
260	268		including an Internet service provider, for any damages, including
261	269		direct, indirect, physical, economic, exemplary, or consequential
262	270		damages, including loss of business, loss of profits or revenue, or
263	271		loss of production capacity caused by a fluctuation, disruption, or
264	272		interruption of middle mile broadband service that is caused in
265	273		whole or in part by:
266	274		(1) force majeure; or
267	275		(2) the electric utility's provision of electric
268	276		delivery services, including actions taken by the electric utility
269	277		to ensure the reliability and security of the electric delivery
270	278		system and actions taken in response to address all circumstances
271	279		that may pose health, safety, security, or reliability concerns.
272	280		SUBCHAPTER C. IMPLEMENTATION OF MIDDLE MILE BROADBAND SERVICE [BPL
273	281		SYSTEM] BY ELECTRIC UTILITY
274	282		Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY. (a) An
275	283		electric utility[, through an affiliate or through an unaffiliated
276	284		entity,] may [elect to] install and operate facilities to provide
277	285		middle mile broadband service [a BPL system] on any part of its
278	286		electric delivery system or other facilities for Internet service
279	287		providers but may not construct new electric delivery facilities
280	288		for the purpose of expanding the electric utility's middle mile
281	289		broadband service [some or all of its electric delivery system in
282	290		any part or all of its certificated service area].
283	291		(b) The installation, operation, and use of middle mile
284	292		broadband service and the lease of excess fiber capacity by
285	293		Internet service providers from an electric utility may [a BPL
286	294		system and the provision of BPL services shall] not be regulated by
287	295		any state agency, a municipality, or local government other than as
288	296		provided by [for in] this chapter.
289	297		(c) An electric utility that owns and operates middle mile
290	298		broadband service:
291	299		(1) may lease excess fiber capacity on the electric
292	300		utility's electric delivery system or other facilities to an
293	301		Internet service provider on a wholesale basis; and
294	302		(2) may not provide Internet service to end-use
295	303		customers on a retail basis.
296	304		(d) [(c)] The commission or a state or local government or a
297	305		regulatory or quasi-governmental or a quasi-regulatory authority
298	306		may not:
299	307		(1) require an electric utility[, either through an
300	308		affiliate or an unaffiliated entity,] to install [a BPL system on
301	309		its power lines] or offer middle mile broadband service on the
302	310		utility's electric delivery system or other facilities [BPL
303	311		services in all or any part of the electric utility's certificated
304	312		service area];
305	313		(2) require an electric utility to allow others to
306	314		install middle mile broadband service [a BPL system] on the
307	315		utility's electric delivery system or other facilities [in any part
308	316		or all of the electric utility's certificated service area]; or
309	317		(3) prohibit an electric utility from installing or
310	318		offering middle mile broadband service on the utility's electric
311	319		delivery system or other facilities [having an affiliate or
312	320		unaffiliated entity install a BPL system or offering BPL services
313	321		in any part or all of the electric utility's certificated service
314	322		area].
315	323		(e) [(d)] If a municipality or local government is already
316	324		collecting a charge or fee from the electric utility for the use of
317	325		the public rights-of-way for the delivery of electricity to retail
318	326		electric customers, the municipality or local government may not
319	327		require [is prohibited from requiring] a franchise or an amendment
320	328		to a franchise or require an additional [from requiring a] charge,
321	329		fee, or tax from the electric utility [any entity] for use of the
322	330		public rights-of-way for middle mile broadband service [a BPL
323	331		system].
324	332		(f) If the state or a municipality or local government is
325	333		not already collecting a charge or fee from the electric utility for
326	334		the use of the public rights-of-way, the [(e) The] state or a
327	335		municipality or local government may impose a charge on the
328	336		provision of middle mile broadband service [BPL services], but the
329	337		charge may not be greater than the lowest charge that the state or
330	338		municipality imposes on other providers of broadband service
331	339		[services] for use of the public rights-of-way in its respective
332	340		jurisdiction.
333	341		Sec. 43.102. COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN.
334	342		(a) An electric utility that plans a project to deploy middle mile
335	343		broadband service shall submit to the commission a written plan
336	344		that includes:
337	345		(1) the route of the middle mile broadband service
338	346		infrastructure proposed for the project;
339	347		(2) the location of the electric utility's
340	348		infrastructure that will be used in connection with the project;
341	349		(3) an estimate of potential broadband customers that
342	350		would be served by the Internet service provider;
343		-	(4) the capacity, number of fiber strands, and any
344		-	other facilities of the middle mile broadband service that will be
345		-	available to lease to Internet service providers;
346		-	(5) the estimated cost of the project, including
	351	+	(4) the estimated cost of the project, including
347	352		engineering costs, construction costs, permitting costs,
348	353		right-of-way costs, and a reasonable allowance for funds used
349	354		during construction;
350		-	(6) the proposed schedule of construction for the
	355	+	(5) the proposed schedule of construction for the
351	356		project;
352		-	(7) testimony, exhibits, or other evidence that
	357	+	(6) testimony, exhibits, or other evidence that
353	358		demonstrates the project will allow for the provision and
354	359		maintenance of middle mile broadband service; and
355		-	(8) any other information that the applicant considers
	360	+	(7) any other information that the applicant considers
356	361		relevant or that the commission requires.
357	362		(b) The commission, after notice and hearing if required by
358	363		the commission, shall approve the plan if the commission finds that
359	364		the plan includes all the items required by Subsection (a) and by
360	365		commission rule.
361	366		(c) The commission must approve, modify, or reject a plan
362	367		submitted to the commission under this section not later than the
363	368		181st day after the date the plan is submitted under Subsection (a).
	369	+	Notwithstanding any other provision of this title, if the
	370	+	commission approves a plan under this section, the commission shall
	371	+	issue a finding on the approved middle mile broadband service that:
	372	+	(1) the service is used and useful to the electric
	373	+	utility;
	374	+	(2) the costs associated with the service are
	375	+	reasonable; and
	376	+	(3) the service is prudent and may be included in the
	377	+	electric utility's rate base.
364	378		(d) An approved plan may be updated or amended subject to
365	379		commission approval in accordance with this section.
366	380		Sec. 43.103 [43.102]. COST RECOVERY FOR DEPLOYMENT OF
367	381		MIDDLE MILE BROADBAND FACILITIES [BPL AND UTILITY APPLICATIONS].
368	382		(a) Where an electric utility installs facilities used to provide
369	383		middle mile broadband service [permits the installation of a BPL
370	384		system on its electric delivery system] under Section 43.051
371	385		[43.052(a)], the electric utility's investment in those facilities
372	386		is [that BPL system to directly support the BPL electric utility
373	387		applications and other BPL services consumed by the electric
374	388		utility that are used and useful in providing electric utility
375	389		service shall be] eligible for inclusion in the electric utility's
376	390		invested capital, and any fees or operating expenses that are
377	391		reasonable and necessary are [shall be] eligible for inclusion as
378	392		operating expenses for purposes of any proceeding under Chapter 36.
379	393		The commission may allow an electric utility to recover investment
380	394		and associated costs in middle mile broadband service if the plan
381	395		for the service has been submitted and approved under Section
382	396		43.102 [The invested capital and expenses described in this section
383	397		must be allocated to the customer classes directly receiving the
384	398		services].
385	399		(b) In a [any] proceeding under Chapter 36, revenue received
386	400		by an electric utility from an Internet service provider for the use
387	401		of middle mile broadband service must be applied as a revenue credit
388	402		to customers in proportion to the customers' funding of the
389	403		underlying infrastructure [just and reasonable charges for the use
390	404		of the electric utility's electric delivery system by a BPL owner or
391	405		operator shall be limited to the usual and customary pole
392	406		attachment charges paid to the electric utility for comparable
393	407		space by cable television operators].
394	408		[(c) The revenues of an affiliated BPL operator or an
395	409		affiliated BPL ISP shall not be deemed the revenues of an electric
396	410		utility for purposes of setting rates under Chapter 36.]
397	411		SUBCHAPTER D. MISCELLANEOUS PROVISIONS
398	412		Sec. 43.151. [AFFILIATES OF ELECTRIC UTILITY. (a) Subject
399	413		to the limitations of this chapter, an electric utility may have a
400	414		full or partial ownership interest in a BPL operator or a BPL
401	415		ISP. Whether a BPL operator or a BPL ISP is an affiliate of the
402	416		electric utility shall be determined under Section 11.003(2) or
403	417		Section 11.006.
404	418		[(b) Neither a BPL operator nor a BPL ISP shall be
405	419		considered a "competitive affiliate" of an electric utility as that
406	420		term is defined in Section 39.157.
407	421		[Sec. 43.152.] COMPLIANCE WITH FEDERAL AND STATE LAW. An
408	422		electric utility that owns and operates facilities for the
409	423		provision of middle mile broadband service [BPL operators] shall
410	424		comply with all applicable federal and state laws[, including those
411	425		protecting licensed spectrum users from interference by BPL
412	426		systems. The operator of a radio frequency device shall be
413	427		required to cease operating the device upon notification by a
414	428		Federal Communications Commission or Public Utilities Commission
415	429		representative that the device is causing harmful
416	430		interference. Operation shall not resume until the condition
417	431		causing the harmful interference has been corrected].
418	432		SECTION 2. Section 33.001(b), Utilities Code, is repealed.
419	433		SECTION 3. Not later than the 270th day after the effective
420	434		date of this Act, the Public Utility Commission of Texas shall adopt
421	435		any rules necessary to implement Chapter 43, Utilities Code, as
422	436		amended by this Act.
423	437		SECTION 4. The Public Utility Commission of Texas is
424	438		required to implement a provision of this Act only if the
425	439		legislature appropriates money specifically for that purpose. If
426	440		the legislature does not appropriate money specifically for that
427	441		purpose, the commission may, but is not required to, implement a
428	442		provision of this Act using other appropriations that are available
429	443		for that purpose.
430	444		SECTION 5. This Act takes effect immediately if it receives
431	445		a vote of two-thirds of all the members elected to each house, as
432	446		provided by Section 39, Article III, Texas Constitution. If this
433	447		Act does not receive the vote necessary for immediate effect, this
434	448		Act takes effect September 1, 2021.
435		-	______________________________ ______________________________
436		-	President of the Senate Speaker of the House
437		-	I certify that H.B. No. 3853 was passed by the House on April
438		-	27, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
439		-	voting; and that the House concurred in Senate amendments to H.B.
440		-	No. 3853 on May 28, 2021, by the following vote: Yeas 145, Nays 0,
441		-	1 present, not voting.
442		-	______________________________
443		-	Chief Clerk of the House
444		-	I certify that H.B. No. 3853 was passed by the Senate, with
445		-	amendments, on May 22, 2021, by the following vote: Yeas 30, Nays
446		-	0.
447		-	______________________________
448		-	Secretary of the Senate
449		-	APPROVED: __________________
450		-	Date
451		-	__________________
452		-	Governor
	449	+	* * * * *