87R451 JTS-D
By: Harris H.B. No. 884
A BILL TO BE ENTITLED
AN ACT
relating to local government regulations based on utility service
type.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.011 to read as follows:
Sec. 250.011. PROHIBITION ON REGULATIONS BASED ON TYPE OF
UTILITY SERVICE. (a) A political subdivision requiring the
issuance of a building permit may not deny a permit application
based on the type of utility service provided to the project.
(b) A political subdivision issuing a building permit shall
ensure that all applicable permits and fees contain requirements
and amounts that do not:
(1) exceed the requirements and amounts for the use of
other types of utility services; or
(2) have the effect of restricting a permit
applicant's ability to use a specific type of utility service from a
provider that is authorized to provide service.
(c) An ordinance, order, or other regulation adopted by a
political subdivision may not restrict a person's ability to use a
specific type of utility service from a provider that is authorized
to provide service.
(d) A political subdivision may not impose a fine, penalty,
or other requirement based on type of utility service that has the
effect of restricting a utility provider's authority to operate or
serve customers.
(e) This section does not affect the authority of a
political subdivision to:
(1) manage the public highways within the political
subdivision's boundaries; or
(2) exercise the political subdivision's police powers
to review and approve an application before issuing a permit.
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.