| 1 | 1 | | 87R451 JTS-D |
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| 2 | 2 | | By: Harris H.B. No. 884 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to local government regulations based on utility service |
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| 8 | 8 | | type. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 250, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 250.011 to read as follows: |
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| 12 | 12 | | Sec. 250.011. PROHIBITION ON REGULATIONS BASED ON TYPE OF |
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| 13 | 13 | | UTILITY SERVICE. (a) A political subdivision requiring the |
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| 14 | 14 | | issuance of a building permit may not deny a permit application |
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| 15 | 15 | | based on the type of utility service provided to the project. |
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| 16 | 16 | | (b) A political subdivision issuing a building permit shall |
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| 17 | 17 | | ensure that all applicable permits and fees contain requirements |
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| 18 | 18 | | and amounts that do not: |
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| 19 | 19 | | (1) exceed the requirements and amounts for the use of |
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| 20 | 20 | | other types of utility services; or |
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| 21 | 21 | | (2) have the effect of restricting a permit |
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| 22 | 22 | | applicant's ability to use a specific type of utility service from a |
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| 23 | 23 | | provider that is authorized to provide service. |
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| 24 | 24 | | (c) An ordinance, order, or other regulation adopted by a |
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| 25 | 25 | | political subdivision may not restrict a person's ability to use a |
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| 26 | 26 | | specific type of utility service from a provider that is authorized |
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| 27 | 27 | | to provide service. |
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| 28 | 28 | | (d) A political subdivision may not impose a fine, penalty, |
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| 29 | 29 | | or other requirement based on type of utility service that has the |
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| 30 | 30 | | effect of restricting a utility provider's authority to operate or |
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| 31 | 31 | | serve customers. |
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| 32 | 32 | | (e) This section does not affect the authority of a |
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| 33 | 33 | | political subdivision to: |
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| 34 | 34 | | (1) manage the public highways within the political |
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| 35 | 35 | | subdivision's boundaries; or |
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| 36 | 36 | | (2) exercise the political subdivision's police powers |
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| 37 | 37 | | to review and approve an application before issuing a permit. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2021. |
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